chepter 3/4 pravet law

1- ) List things that rights can attach

• physical sense
activities , such as the work done by a paid employee.

•Products of intellect such as privacy

•Can also attach energies

2) What is goods?

Physical things to which rights can attach such as earth, house, and so on

3) -Define thing?

Non-physical phenomena as the energy put into work products of intellect and privacy.

4)- How many parties belong to economic property?

They are three parties :

•State

•Bodies

•Private persons

•

5)- What is public property?

Is that belonging to a public authority { public property by title}

5)Tell divisions of state property?

Domain and patrimony

6)What domain consist of?

Shorelines, ports ,beaches,  harbors, and lagoons opening into sea

Historic ,artistic, and archaeological domain

Describe rules of domain?

Domain are very strict

It can not be sold

 nor can third parts acquire rights

7)List non-disposal patrimony

Forestry, regional and national.

8)Tell extractive property?

Mines , quarries, and peat workings.

9)List military property?

Barracks,armament,ships,aircraft and other items put to military use

10)  What is disposal patrimony?

Is a property such as an office furniture that the state and other public bodies acquire as private parties.

11)- What are the criteria for registration of dealings in immoveable property?

They are subjective and objective criteria

12)- What is objective criteria?

Is embodied in the production in map form of the entire national territories

13)- What is the objective rights ?

Is applied in the compilation of property registers

14)- What are the process of registration?

Judgment ;public document or private  deed ,copy of the document it self 

15)-What are the effects of registration ?

1-it serves a public notice function

2-resolves between people who claim to have title to the same land

3-disputes over precedence of conflicting titles and property .

16)-What is the work of registrar ?

Keeps the copies of documents provided and transcribes the registration note .

17)- List some of terminology of property ?

1-property                 4-use

2- possession            5- availability

3-ownership              6-enjoyment

18)- Tell models of property ?

1-Industrial revolutions

2-First world war

3-Totalitarian regimes an special property legislation

4-Second world war .

5-French revolution

19)- Who is responsible structural planning of building property ?

The central government and municipalities may adopt a structure plan indicating the zones where construction is to be permitted .

20)- What are the three types policies aimed to implement to satisfy need for housing ?

1- Subsidized building         2-Assisted building

3- Building agreements with private constructors 

21)-What is occupancy ?

Moveable property that does not belong to anyone .

22)- Define treasure trove ?

Is any valuable moveable item hidden or underground which no one can prove ownership .

23)- What’s rights of enjoyment ?

Are those which enable the holder of the right to derive a use from the property of another .

24) -What’s the right of guarantee ?

Are those which enable a creditor of the owner to ensure satisfaction of a dept .

25)- How the surface right is extinguished ?

1- by renunciation        2- by consolidation

3- by expiry of time      4- by prescription

26)- what is usufruct ?

The term referring to the right of one individual to use and enjoy the property of another provided It’s substance neither damaged of altered

27)- What is the powers of the usufructuary ?

1- possession of the property

2- the right to acquire the goods which accrue to the property .

3-to take and enjoy what the property yields .

4-to make and be reimbursed for improvements to the property

 

  

28) - How usufruct can be constituted ?

1- by a voluntary act such as will contract of unilateral act

2-by operation of law

3- by prescription

29)- what is the duties of the usufructuary ?

1- maintaining the economic purpose of the property .

2-returning the property to the owner at the expiry of the term

3-to exercise diligence in its use with out consuming or destroying it .

4-he must responsible for costs of maintenance carried out the normal course of repairs

30) how usufruct is extinguished ?

1- by expiry of term        2- by the death of the usufructuary

3- by extinction of its legal personality 

4- twenty years of non-use

31)- What is abode ?

Abode is the right to make use of a house to live in with one’s family according to one’s needs .

32)- Describe an easement ?

Easement is the right to use the real property of another belong to different owners .

33)- What are the names the land for the benefit of which the easement exists and other parcel ?

1- dominant land             2- the serving land

34)- What are the principles that inform the law on easements ?

1- they may be created only for the benefit of land

2-they must be close each other or adjoin

3-the easement must provide some benefit to the dominant tenement and no remuneration can be claimed 

4- an easement cannot be created where the dominant and serving land belong to the same person .

35)-What are the types of easements ?

1- Affirmative easement     2-negative easement

36)-How easement can be acquired ?

1-By prescription   2- by attribution of paterfamilias

37)-How easement are extinguished ?

1- Merger of the right of surface with legal title

2- by relinquishment

3-by the loss of the serving estate

4-by  lapse in default of use during a 15 years period .

38)- What are pledge and mortgage ?

Pledge : delivery of goods or personal property as security for a debt or obligation .

Mortgage : giving property specially real property a security a creditor for payment of debt ?

39)- How voluntary mortgage can be acquired ?

By a unilateral deed or by contract

   

 

40)- Tell two words same to the creditor ?

1-pledgee                       2-mortgagee

41)- Tell two words same to the debtor ?

1- Pledgor                      2-mortgagor

42)- Define liens ?

Liens are not rights in a thing as pledges or mortgage are . They are grounds for preference that is they give rise to the priority of one creditors .

43)- How liens constituted  ?

They are not constituted voluntarily but legally .

44)- What are the preference for moveable (liens ) ?

1- pledge            

2-special lien over equipment for credit to agriculture

3- general lien for unpaid wages

4- state’s special lien  for unpaid direct taxes

5-lien over  a motor vehicle for its purchase price

6-hotelier’s lien over property brought into the hotel

7-machine vendor’s lien

8-general lien of supplier of works of the intellect

9-stat’s general lien for unpaid direct taxes

45)- What are the preference for immoveable property ?

1- state’s liens for unpaid direct taxes

2-stat’s lien for unpaid indirect taxes

3-local authorities’ lien for unpaid taxes

4-mortgage .

46)-Define good faith and bad faith ?

Good faith :Honest , a sincere intention to deal with others ( bunafade)

Bad faith : lack of honesty and trust ( malafade )  

47)- List three requirements must be mat for transferring ?

1- the property must be moveable

2-an apparently adequate form of transfer

3- good faith

Chapter four

48)- What is legal transactions ?

Legal are the means by which legal subjects can change the legal positions of themselves or other persons intentionally .

49)- Define these words ( promise , transaction , obligation , undertaking , understanding , contract , agreement ) .

Promise : means assumption of obligations by an individual in favor of others .

Transaction : is a historically determined concept expressing the autonomy of private individuals .

Obligation : is the relationship between a debtor and his creditor .

Undertaking : is a generic expression .

Understanding : is commonly used to denote a preliminary contract  .

Agreement : can apply to any meeting of minds of legal significance .

Contract : is the agreement between two or more parts .

50)-Define private autonomy ?

The ability to act and make decisions without being controlled by anyone else .

51)- What is voluntarist theory ?

Which focused attention on the interior forming of the will or consent of the trans actor . Such as testamentary disposition

52)- What is declarative theory ?

In this account the most important thing is not what the trans actor intended  but external appearance the manifestation of the will .

53)- List elements of legal trans action ?

1- declaration        2- object            3- subject matter

4- form

54)- Define these words ?

Declaration : it may be made by express words , writing or gesture or else be implied from conduct that unequivocally indicates the declarer’s intentions 

Object : is the outcome that the transaction is calculated objectively to produce

Subject matter : the content of the legal transaction .

Form : is the manner in which the transaction presents to the world .

55) -List incidental elements ?

1- conditions     2-transaction period    3- modus

56)- List the defects of consent (declaration ) ?

1- mistake    2- duress  3- fraud

57)- Define mistake and types of mistakes ?

Is false appraisal of reality .

-impeditive mistake    2- fatal mistake    3- unilateral mistake  4-matual mistake (bilateral )  5- common mistake   6- calculation mistake

58)- When does mistake fundamental ?

1- when  it affects the nature or the subject matter of the transaction

2- when it affects the identify or characteristics of the other contracting party .

3-when there is mistake of law

59)- What is duress and its types ?

Duress takes the form of threats or undue pressure that induce a party to enter into the transaction .

Types are  1- moral 2- physical

60)- What is frauds and its types ?

Fraud is any deception simulation , dishonest behavior or trick which serves to deceive the other party into concluding the transaction .

Types are 1- commission 2- omission .

67)- What fraud can be further divided ?

1- fundamental         2- incidental

68) What is the distinction between object and reason ?

distinction between object and reason is not however as simple as might appear . Indeed it can vary according to whether reason are considered as objective circumstances or else .

69)- What are the criteria of the subject matter ?

1- possible     2- certain    3-   ascertainable   4-legal

70)- List out the types of form ?

1- Legal form   2- Solemn form     3- Oral form    4-written form

5-documentary form         6- public document form

71) What is conditions  and its types  ?

A conditions  is the means whereby the parties insert into the transaction the specific intentions which induced them to negotiate it .

1- condition of precedent   2-condition of subsequent  

3- concurrent condition

72) What is transaction period ?

The transaction period concerns the dates on which the effects of the transaction begin or end .

73) Define modus ?

Applies only to gratuitous trans action such as gift legacy or interest free loan

74) Describe unlawful trans actions ?

A trans action is unlawful when it contravenes obligatory rules . Or is contrary to public order or public morals .

75) What is Sham trans action ?

A sham trans action occurs when there is a deliberate difference between the will and the declaration .

76) Define these words ?

1- Sham contract or agreement : the contract by which the parties create the fiction .

2- counter-deed : the agreement by which the real and effective intentions are set out  .

3- hidden contract : the contract which the parties really intended to conclude . 

77)- Tell the distinction between relative and absolute sham trans action ?

Absolute sham trans action : when the parts declare that they wish to undertake a certain transaction but in fact they do not wish to undertake anything

Relative : when the parties apparently conclude one transaction while in reality concluding another 

78) - Define agency of necessity ?

When in person practice to undertake the management of the affairs of another without having been given the task

79) Tell types of promise ?

1- promise to conclude a contract

2-promise to sell

3- promise in marriage   4- promise to lend money

5-promise to public 

80)- What negotiable instruments  and its types ?

Is a document guarantee the payment of specific amount of money either on demand or at the future time with payer  named on the document .  

The types are : 1- a bill of exchange            2- a bank cheque 

3- banker’s draft                4- promissory note