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CHAPTER III.

Of Moveables.ART. 464.-Estates are moveable either by their nature or by the disposition of the law.

ART. 465.—Things moveable by their nature are such as may be carried from one place to another, whether they move by themselves, as cattle, or cannot be removed without an extraneous power, as inauimate things.

ART. 466.-Obligations and actions, the object of which is to recover money due or moveables, although these obligations are accompanied with a mortgage; obligations which have for their object a specific performance; and those which from their nature, resolve themselves into damages; shares or interests in banks or companies of commerce, or industry or other speculations, although such companies be possessed of immoveables depending upon such enterprizes , such shares or interests are considered as moveables with respect to every associate as long only as the society is in existence. But as soon as the society is dissolved, the right, which each member has to the division of the immoveables belonging to it, produces an immoveable action.

In the class of things moveable by the determination of the law, are also considered perpetual rents and annui. ties, whether they be founded on a price in money or on the price or the condition of the alienation of an immoveable.

ART. 467.-All things corporeal and incorporeal, which have not the character of immoveables by their nature or by the disposition of the law, according to the rules laid down in this title, are considered as moveables.

ART. 468.—Materials arising from the demolition of a building, those which are collected for the purpose of raising a new building, are moveables, until they have been made use of in raising a new building.

But if the materials have been separated from the house or other edifice, only for the purpose of having it repaired or added to, and with the intention of replacing them, they preserve the nature of immoveables, and are considered as such.

ART. 469.—The word furniture made use of in the provision of the law, or in the conventions or acts of persons, comprehends only such furniture as is intended for the use and ornament of appartments, but not libraries which happen to be there nor plate. • ART. 470.— The expression of moveable goods, that of moveables or moveable effets, employed as above stated, comprehends generally all that is declared to be moveable, according to the rules laid down in this chapter.

ART. 471.–The sale or gift of a house ready furnished, includes only such furniture as is in the house.

ART. 472.—The sale or gift of a house with all that is in it, does not include the money, nor the debts, or other rights, the titles of which may be in the house; all other moveable effects are included.

CHAPTER IV. Of Estates considered in their relation to those who

possess them. ART. 473.—Things, in their relation to those who possess or enjoy them, are divided into two classes ; those which are not susceptible of ownership, and those which are.

ART. 474. --Among those which are not susceptible of ownership, there are some which can never become the object of it, as things in common, of which all men have the enjoyment and use.

There are things, on the contrary, which, though naturally susceptible of ownership, may lose this quality in consequence of their being applied to some public purpose, incompatible with private ownership, but which resume this quality as soon as they cease to be applied to that purpose, such as the high-roads, streets and public places.

ART. 475.–Things susceptible of ownership, are all those wbich are held by individuals, and which may be alienated by sale, exchange, donation, prescription or otherwise.

ART. 476.- Individuals have the free disposal of the property which belongs to them, under the restrictions established by law.

But the property of the corporation of cities, or other corporations, are administered according to laws and regulations which are peculiar to them, and can only be alienated in the manner and under the restrictions prescribed in their several acts of incorporation.

ART. 477.-The successions of persons who die without heirs, or which are not claimed by those having a right to them, belong to the Stale. * ART. 478.-The national domain, properly speaking, comprehends all the landed estate and all the rights which belong to the nation, whether the latter be in the actual enjoyment of the same, or have only a right to re-enter on them.

ART. 479.-There may be different kinds of rights to estates :

1. A full and entire property;
2. A right to the mere use and enjoyment;
3. A right to certain services due upon the estate.

TITLE II.

Of Ownership.

CHAPTER I.

General Principles.

ART. 480.–Ownership is the right by which a thing belongs to some one in particular, to the exclusion of all

other persons.

ART. 481.-The ownership of a thing is vested in him who has the immediate dominion of it, and not in him who has a mere beneficiary right in it.

ART. 482.-Ownership is divided into perfect and imperfect.

Ownership is perfect, when it is perpetual, and when the thing, which is the subject of it, is unincumbered with any charges towards any other person than the owner.

On the contrary, ownership is imperfect, when it is to terminate at a certain time or on a condition, or if the thing, which is the subject of it, being an immoveable, is charged with any real right towards a third person, is an usufruct, use or service.

When an immoveable is subject to an usufruct, the owner of it is said to possess the mere ownership.

ART. 483.-Absolute ownership gives the right to enjoy and to dispose of one's property in the most unlimited manner, provided it is not used in a way prohibited by laws or ordinances.

Persons who reside out of the State, cannot dispose of the property they possess here, in a manner different from that prescribed by its laws.

ART. 484.-Imperfect ownership only gives the right

of enjoying and disposing of property, when it can be done without injuring the rights of others, that is, of those who may have real or other rights to exercise upon the same property. .

ART. 485.—The right of ownership necessarily supposes a person in whom this right exists, whether the owner be a real person, such as an individual, or a civil or intellectual person, such as a corporation.

ART. 486.—It is of the essence of the right of ownership that it cannot exist in two persons for the whole of the same thing but they may be owners of the same thing in common, and each for the part which he may have therein.

ART. 487.--He who has once acquired the ownership of a thing by one title, cannot afterwards acquire it by another title, unless it be to supply a deficiency in the first title.

On the other hand, nothing prevents a thing due to a person under one title, from being also due to him under another, as for example, when a thing has been sold, and is afterwards bequeathed to the same person by the owner.

ART. 488.-The ownership and the possession of a thing, are entirely distinct.

The right of ownership subsists independently of the exercise of it. The owner is not less the owner, because he performs no act of ownership, or because he is disabled from performing any such acts, or even because another performs such acts, without the knowledge or against the will of the owner.

But the owner exposes himself to the loss of his right of ownership in a thing, if he permits it to remain in the possession of a third person, for a time sufficient to enable the latter to acquire it by prescription.

ART. 189.-No one can be divested of his properly, unless for some purpose of public utility, and on consi

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