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Property Law 

Property is things or rights that can be subject to ownership.

Corporeal is things that we can see and touch such as tables, books, and phones (tangible).


Incorporeal is things that have no physical form such as ownership (Intangible).

Immovable: Land and buildings or things permanently incorporated into them such as a tree or an elevator.

Movable: things that can be moved easily with the application of force such as animals or a trailer home.

Property can be acquired in many ways by law including purchased, inherited, found, and prescribed.

Abandoned movables or moveable without an owner can be appropriated (took)  by a person, if no one appropriates than the state owns it.

Immovables without an owner belong to the state.

If treasure is on the land of the owner than it belongs to the finder. If it was found on someone else’s land, then 50/50 split between the owner and finder (except if finder was acting for owner).

If you find a moveable that someone else has lost your supposed to report it. You can sell it after 60 days or immediately if perishable. There is a three-year prescription attached.

To acquire ownership for forgotten movables for safekeeping, work and processing you have to wail 90 days from completion of work of agreed date. Notice of same time length before selling and a prescription of 3 years.

Ownership rights are based on several elements including right to use, rights to enjoy fruits and benefits and right to dispose.

Usus: Right to use.

Fructus: Right to enjoy the fruits (profits) and benefits.

Abuses: Right to dispose (sell).

As part of the ownership rights, if a tree on your property has fruits that fall on neighbouring land than owner can be compelled to cut or fell the tree. If the tree obstructs or threatens neighbouring land, owner can be compelled to cut or fell the tree.

No neighbouring view can be less than 150 centimeters from property line unless it’s a translucid window, it’s facing a public area (park) or a servitude has been granted.

If the owner is enclosed by neighbouring properties and has no adequate access to public roads than the owner can ask the court to pass a motion for right of way through others land. It has to be the most natural way. It allows for the construction of a road though the neighbours property.

With a usufruct lease, the person can use the land and has ownership of the fruits. At the end of the lease, it must be returned as found.

With an emphyteusis lease, the owner pays less of a rent but promises to make property better. They have the use of land and ownership of fruits with obligations to improve. At the end of the lease, it must be returned to as agreed with no compensation for improvements. Examples include Guantanamo Bay and Hong Kong.

Servitude is the right for one property to use another property. Servitude is a right by which property owned by one person is subject to a specified use or enjoyment by another.

In a servitude arrangement, anything that could be considered a violation they would have to get permission from another property.

A servitude can be terminated by the end of term (usually no term), if it is not in use for 10 years or the party that is inferior can renounce it.

Intellectual Property Owner ship (IP) laws involve makes sure that the owners have the right to keep ownership over the reproduce.

A copyright is an original creation.

Original creations (copyright) music, books, movies, are owned by the author. If an employee is working for somebody it’s the employer who owns it. If a painter, paints you a picture than you are the one who owns it.

Copyrights are automatically protected, but you can register or be able to prove that you created it first. The period of protection is from 50 years post death of the author.

The only time you can use someone else’s copyright is if your criticizing/reviewing it, new is reporting it, if it’s not for profit or for educational use.

A patent is a limited term monopoly (20 years) for the exclusive use of an invention in exchange for disclosing the invention to the public. It can be a new invention, such as a machine, manufacture, or process.

Once you file a patent it automatically becomes public, you must show exactly how it’s done = you can look at any of the patents you can build on it and make it better. It’s up to a judge to decide if it’s “different enough” to infringe on the patent.

The patent is owned by the creator unless they created on company time. It’s a long expensive process where you need to show your invention is a new invention. It can cost between $10, 000 - $25, 000.

A trade secret is when a company doesn’t tell anyone their invention (coca-cola), makes their employees sign non-disclosure agreements and insolate how it’s done too protect it unless it’s reverse engineered.

A trade-mark is a word, drawing, shape, symbol, or packaging or a combination of the forgoing used to distinguish the products or services of one person from those of another person in the market place.

A trademark is a combination of letters, symbols and colours that created an original image or identification.

A trademark protects your distinctiveness, but you have to apply for it.

You can protect a trademark by registering it, you need to pay $5000, and it needs to be renewed every 15 years. If your trademark has been around for so long that if anyone sees that logo, they will associate it with you than you can have a unregistered trademark.

Petroski, W., & Minich, D. M. (2020). Is there such a thing as "anti-nutrients"? a narrative review of perceived problematic plant compounds.Nutrients,12(10).  https://doi.org/10.3390/nu12102929

DB

Property Law 

Property is things or rights that can be subject to ownership.

Corporeal is things that we can see and touch such as tables, books, and phones (tangible).


Incorporeal is things that have no physical form such as ownership (Intangible).

Immovable: Land and buildings or things permanently incorporated into them such as a tree or an elevator.

Movable: things that can be moved easily with the application of force such as animals or a trailer home.

Property can be acquired in many ways by law including purchased, inherited, found, and prescribed.

Abandoned movables or moveable without an owner can be appropriated (took)  by a person, if no one appropriates than the state owns it.

Immovables without an owner belong to the state.

If treasure is on the land of the owner than it belongs to the finder. If it was found on someone else’s land, then 50/50 split between the owner and finder (except if finder was acting for owner).

If you find a moveable that someone else has lost your supposed to report it. You can sell it after 60 days or immediately if perishable. There is a three-year prescription attached.

To acquire ownership for forgotten movables for safekeeping, work and processing you have to wail 90 days from completion of work of agreed date. Notice of same time length before selling and a prescription of 3 years.

Ownership rights are based on several elements including right to use, rights to enjoy fruits and benefits and right to dispose.

Usus: Right to use.

Fructus: Right to enjoy the fruits (profits) and benefits.

Abuses: Right to dispose (sell).

As part of the ownership rights, if a tree on your property has fruits that fall on neighbouring land than owner can be compelled to cut or fell the tree. If the tree obstructs or threatens neighbouring land, owner can be compelled to cut or fell the tree.

No neighbouring view can be less than 150 centimeters from property line unless it’s a translucid window, it’s facing a public area (park) or a servitude has been granted.

If the owner is enclosed by neighbouring properties and has no adequate access to public roads than the owner can ask the court to pass a motion for right of way through others land. It has to be the most natural way. It allows for the construction of a road though the neighbours property.

With a usufruct lease, the person can use the land and has ownership of the fruits. At the end of the lease, it must be returned as found.

With an emphyteusis lease, the owner pays less of a rent but promises to make property better. They have the use of land and ownership of fruits with obligations to improve. At the end of the lease, it must be returned to as agreed with no compensation for improvements. Examples include Guantanamo Bay and Hong Kong.

Servitude is the right for one property to use another property. Servitude is a right by which property owned by one person is subject to a specified use or enjoyment by another.

In a servitude arrangement, anything that could be considered a violation they would have to get permission from another property.

A servitude can be terminated by the end of term (usually no term), if it is not in use for 10 years or the party that is inferior can renounce it.

Intellectual Property Owner ship (IP) laws involve makes sure that the owners have the right to keep ownership over the reproduce.

A copyright is an original creation.

Original creations (copyright) music, books, movies, are owned by the author. If an employee is working for somebody it’s the employer who owns it. If a painter, paints you a picture than you are the one who owns it.

Copyrights are automatically protected, but you can register or be able to prove that you created it first. The period of protection is from 50 years post death of the author.

The only time you can use someone else’s copyright is if your criticizing/reviewing it, new is reporting it, if it’s not for profit or for educational use.

A patent is a limited term monopoly (20 years) for the exclusive use of an invention in exchange for disclosing the invention to the public. It can be a new invention, such as a machine, manufacture, or process.

Once you file a patent it automatically becomes public, you must show exactly how it’s done = you can look at any of the patents you can build on it and make it better. It’s up to a judge to decide if it’s “different enough” to infringe on the patent.

The patent is owned by the creator unless they created on company time. It’s a long expensive process where you need to show your invention is a new invention. It can cost between $10, 000 - $25, 000.

A trade secret is when a company doesn’t tell anyone their invention (coca-cola), makes their employees sign non-disclosure agreements and insolate how it’s done too protect it unless it’s reverse engineered.

A trade-mark is a word, drawing, shape, symbol, or packaging or a combination of the forgoing used to distinguish the products or services of one person from those of another person in the market place.

A trademark is a combination of letters, symbols and colours that created an original image or identification.

A trademark protects your distinctiveness, but you have to apply for it.

You can protect a trademark by registering it, you need to pay $5000, and it needs to be renewed every 15 years. If your trademark has been around for so long that if anyone sees that logo, they will associate it with you than you can have a unregistered trademark.

Petroski, W., & Minich, D. M. (2020). Is there such a thing as "anti-nutrients"? a narrative review of perceived problematic plant compounds.Nutrients,12(10).  https://doi.org/10.3390/nu12102929