Volume 109, Issue 42
Royal Gazette
8 April 2535
Section139.Immovable property refers to land and things fixed to land in a permanent manner or composing one and the same body with land, and includes real rights relating to land or to things fixed to land in a permanent manner or composing one and the same body with land.
Section140.Movable property refers to other property than immovable property, and includes rights relating to such property.
Section141.Divisible thing refers to a thing which may be separated into real and distinct parts, each being a perfect form on its own.
Section142.Indivisible thing refers to a thing which may not be separated except by changing its condition, and includes a thing which the law prescribes to be indivisible.
Section143.Thing outside commerce refers to a thing which cannot be taken possession of and a thing which, according to the law, cannot be transferred.
Section144.Component of a thing refers to a part which, according to the nature of the thing or according to local custom, is essential to the existence of such thing and cannot be separated from it except by destroying, breaking, or changing its form or condition.
The owner of a thing has ownership over the components of such thing.
Section145.A tree is a component of the land where it stands.
A herb or crop which may be harvested one or several times a year is not a component of land.
Section146.A thing fixed to a tract of land or building in a temporary manner is not considered a component of such tract of land or building. This stipulation shall apply to a building or different structure which a person having a right over a tract of land belonging to another person has erected upon such tract of land by virtue of such right.
Section147.Accessory refers to an item of movable property which, according to normal preference specific to a locality or according to an express intention of the owner of the principal thing, is habitually used together with the principal thing for the purpose of its management, utilisation, or preservation, and which is brought to the principal thing by its owner by means of attachment or adjustment to it or by any other means due to its use with the principal thing.
An accessory temporarily separated from the principal thing does not cease to be an accessory of the principal thing.
