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Concept of the thing
Only corporeal objects are things as defined by law.
Fungible things
Fungible things as defined by law are movable things that in business dealings are customarily specified by number, measure or weight.
Section 92
Consumable things
(1) Consumable things as defined by law are movable things whose intended use consists in consumption or in disposal.
(2) Movable things are also regarded as consumable if they are part of a warehouse store or another aggregate of things whose intended use is the disposal of the individual things.
Section 93
Essential parts of a thing
Parts of a thing that cannot be separated without one or the other being destroyed or undergoing a change of nature (essential parts) cannot be the subject of separate rights.
Section 94
Essential parts of a plot of land or a building
(1) The essential parts of a plot of land include the things firmly attached to the land, in particular buildings, and the produce of the plot of land, as long as it is connected with the land. Seed becomes an essential part of the plot of land when it is sown, and a plant when it is planted.
(2) The essential parts of a building include the things inserted in order to construct the building.
Section 95
Merely temporary purpose
(1) The parts of a plot of land do not include things that are connected with the land only for a temporary purpose. The same applies to a building or other structure that is connected with a plot of land belonging to another by a person exercising a right over that land.
(2) Things that are inserted into a building for a temporary purpose are not parts of the building.
Section 96
Rights as parts of a plot of land
Rights that are connected with the ownership of a plot of land are regarded as parts of the plot of land.
Section 97
Accessories
(1) Accessories are movable things that, without being parts of the main thing, are intended to serve the economic purpose of the main thing and are in a spatial relationship to it that corresponds to this intention. A thing is not an accessory if it is not regarded as an accessory in business dealings.
(2) The temporary use of a thing for the economic purpose of another thing does not give it the quality of an accessory. The temporary separation of an accessory from the main thing does not deprive it of the quality of an accessory.
Section 98
Commercial and agricultural inventory
The following are intended to serve the economic purpose of the main thing:
in the case of a building that is permanently equipped for commercial operations, in particular a mill, a smithy, a brewery or a factory, the machinery and other equipment intended for the business,
in the case of a farm, the equipment and livestock intended for the commercial operations, the agricultural produce, to the extent that it is necessary to continue the farming until the time when it is expected that the same or similar produce will be obtained, and manure produced on the farm.
Section 99
Fruits
(1) Fruits of a thing are the products of the thing and the other yield obtained from the thing in accordance with its intended use.
(2) Fruits of a right are the proceeds that the right produces in accordance with its intended use, in particular, in the case of a right to extract component parts of the soil, the parts extracted.
(3) Fruits are also the proceeds supplied by a thing or a right by virtue of a legal relationship.
Section 100
Emoluments
Emoluments are the fruits of a thing or of a right and the benefits that the use of the thing or the right affords.
Section 101
Division of fruits
If a person is entitled to receive the fruits of a thing or of a right until a particular time or from a particular time on, he is entitled to the following, unless otherwise provided:
the products and parts stated in section 99 (1), even if he is to receive them as the fruits of a right, to the extent that they are separated from the thing during the period of entitlement,
other fruits to the extent that they are due during the period of entitlement; however, if the fruits consist in remuneration for permission of use or of enjoyment of fruits and benefits, in interest, in profit shares or other periodically paid income, the person e
Section 102
Reimbursement of costs of production
A person who has a duty to hand over fruits may claim reimbursement of the costs of producing the fruits to the extent that they reflect proper business practices and do not exceed the value of the fruits.
Section 103
Allocation of charges
A person who has a duty to bear the charges on a thing or a right until a specified time or from a specified time on must, unless otherwise provided, bear the periodically recurring charges in the proportion of the period of time of his duty, and bear other charges to the extent that they are payable during the period of time in which he has the duty.
French
All property is movable or immovable.
CHAPTER I
Of Immovables Articles 517 to 526
Art. 517
Property is immovable, either by its nature or by its destination or by the object to which it applies.
Art. 518
Lands and buildings are immovables by their nature.
Art. 519
Windmills or watermills, fixed on pillars and forming part of a building, are also immovables by their nature.
Art. 520
Harvests standing by roots and the fruit of trees not yet gathered are also immovables.
As soon as crops are cut and the fruit separated, even though not removed, they are movables.
Where only a part of a harvest is cut, this part alone is movable.
Art. 521
The normal cutting of underwood or of timber periodically cut becomes movable only as the cutting down of trees
proceeds.
Art. 522
Animals which the owner of a tenement delivers to a farmer or share cropper for farming, whether they are
appraised or not, shall be deemed immovables so long as they remain attached to the tenement under the terms of the
agreement.
Animals leased to other than farmers or share croppers are movables.
Art. 523Art. 525
An owner shall be deemed to have attached movables perpetually to his tenement, where they are fastened with
plaster or mortar or cement, or where they cannot be removed without being broken or damaged, or without breaking or
damaging the part of the tenement to which they are affixed.
The mirrors of an apartment shall be deemed perpetually placed where the flooring to which they have been
fastened is part of the panelling.
It shall be the same as to pictures and other ornaments.
As regards statues, they are immovables where they are placed in a recess designed expressly to receive them,
even though they can be removed without breakage or damage.
Art. 526
The usufruct of immovable things;
Servitudes or land services;
Actions for the purpose of recovering an immovable,
are immovables by the object to which they apply.
CHAPTER II
Of Movables Articles 527 to 536
Art. 527
Property is movable by its nature or by prescription of law.
Art. 528
(Act no 99-5 of 6 Jan. 1999)
Animals and things which can move from one place to another, whether they move by themselves, or whether they
can move only as the result of an extraneous power, are movables by their nature.
Art. 529
Obligations and actions having as their object sums due or movable effects, shares or interests in financial,
commercial or industrial concerns, even where immovables depending on these enterprises belong to the concerns, are
movables by prescription of law. Those shares or interests shall be deemed movables with regard to each shareholder
only, as long as the concern lasts.
Perpetual or life annuities, either from the State or private individuals, are also movables by prescription of law.
Art. 530
Any annuity established in perpetuity for the price of sale of an immovable, or as condition to a conveyance, for
value or gratuitous, of an immovable tenement, is essentially redeemable.
A creditor may nevertheless regulate the terms and conditions of the redemption.
He may also stipulate that the annuity may be redeemed only after a certain time, which may never exceed thirty
years: any stipulation to the contrary is void.
Art. 531
Boats, ferry-boats, ships, floating mills and baths, and generally all works which are not fastened to pillars and do
not form part of a house, are movables: a seizure of some of these things may however, owing to their importance, be
subject to certain special proceedings, as explained in the Code of Civil Procedure.
Art. 532
Materials coming from the demolition of a building, those gathered for erecting a new one, are movables until they
are used by a worker in building operations.
Art. 533
The word movable, used alone in provisions of law or of man, without any other addition or designation, does not
include ready money, precious stones, credits, books, medals, instruments of sciences, arts and professions, clothing,
horses, carriages, weapons, grain, wine, hay and other commodities; neither does it include what is involved in a
business.
Art. 534
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CIVIL CODE
The words furnishing movables include only movables intended for use and ornamentation of apartments, such as
tapestries, beds, seats, mirrors, clocks, tables, china and other articles of such kind.
Pictures and statues that form part of the furniture of an apartment are also included therein, but not collections of
pictures which may be in galleries or special rooms.
It shall be likewise of china: only that which is part of the decoration of an apartment is included under the
denomination of furnishing movables.
Art. 535
The expression movable property, that of furniture or movable effects include generally every thing which is deemed
to be a movable according to the rules above set forth.
Art. 536
A sale or gift of a house, with all that is found therein, does nor include ready money, or credits and other rights
whose instruments of title may have been deposited in the house; all other movable effects are included.
CHAPTER III
Of Property in its Relations with Those Who Own it Articles 537 to 543
Art. 537
Private individuals have the free disposal of property which belongs to them, subject to the modifications
established by legislation.
Property which does not belong to private individuals is administered and may be transferred only in the forms and
according to the rules which are peculiar to it.
Art. 538
Ways, roads and streets of which the State is in charge, navigable or floatable rivers and streams, beaches,
foreshore, ports, harbours, anchorages and generally all parts of French territory which are not capable of private
ownership are deemed to be dependencies of the Public Domain.
Art. 539
(Act no 2004-809 of 13 August 2004).- The property of persons who die without heirs or whose successions are
abandoned belong to the Public Domain.
Art. 540
The gates, walls, ditches and battlements of fortified places and fortresses, are also part of the Public Domain.
Art. 541
It shall be likewise with lands, fortifications and battlements of places which are no longer fortified places: they
belong to the State, unless they have been lawfully transferred, or ownership has been acquired by prescription against
it.
Art. 542
Common property is that to whose ownership or revenue the inhabitants or one or several communes have a
vested right.
Art. 543
One may have a right of ownership, or a mere right of enjoyment, or only land services to be claimed on property.
California
657. Property is either:
l. Real or immovable; or,
2. Personal or movable.
658. Real or immovable property consists of:
l. Land;
2. That which is affixed to land;
3. That which is incidental or appurtenant to land;
4. That which is immovable by law; except that for the purposes of
sale, emblements, industrial growing crops and things attached to or
forming part of the land, which are agreed to be severed before sale
or under the contract of sale, shall be treated as goods and be
governed by the provisions of the title of this code regulating the
sales of goods.
659. Land is the material of the earth, whatever may be the
ingredients of which it is composed, whether soil, rock, or other
substance, and includes free or occupied space for an indefinite
distance upwards as well as downwards, subject to limitations upon
the use of airspace imposed, and rights in the use of airspace
granted, by law.
660. A thing is deemed to be affixed to land when it is attached to
it by roots, as in the case of trees, vines, or shrubs; or imbedded
in it, as in the case of walls; or permanently resting upon it, as in
the case of buildings; or permanently attached to what is thus
permanent, as by means of cement, plaster, nails, bolts, or screws;
except that for the purposes of sale, emblements, industrial growing
crops and things attached to or forming part of the land, which are
agreed to be severed before sale or under the contract of sale, shall
be treated as goods and be governed by the provisions of the title
of this code regulating the sales of goods.
662. A thing is deemed to be incidental or appurtenant to land when
it is by right used with the land for its benefit, as in the case of
a way, or watercourse, or of a passage for light, air, or heat from
or across the land of another.
663. Every kind of property that is not real is personal.