THE CLASSIFICATION OF THINGS
A Précis
I
Common & Non-Common Things
A Definitions
1 A common thing is one (i) that, thanks to its great
abundance, exists in quantities more than sufficient to
satisfy the needs of all persons who might desire to
use or consume it (so that no one has a real incentive
to try to appropriate or to exercise dominion over
it)1 and (ii) as to which the state has not asserted
ownership.2
2 A non-common thing is one (i) that, thanks to its
scarcity, exists in quantities less than sufficient to
satisfy the needs of all persons who might desire to
use or consume it (so that persons have a real
incentive to appropriate or to exercise dominion over
it) or (ii) that, though not of such a nature, has
nonetheless been declared to be the property of the
state.
B Illustrations
1 Common things: air, high seas, solar heat and light,
wind3
2 Non-common things: running waters, water bottoms,
land, buildings, crops, equipment, furniture, shares of
stock, servitudes
C Nature of criterion of distinction: objective (based on
physical characteristics)4 and historical5
D Significance:
1 The classification of a thing as common or non-common
determines whether it can be owned. If the thing is
common, it cannot be owned; if it's non-common, it can
be owned.6
1 See generally Galgano, § 5.1, at 98;
Malaurie & Aynès, n 163, at 53;
Trabucchi, n 159, at 369.
2 See CC art. 449 comment (c); Yiannopoulos, § 46, at 87.
3 CC art. 448;
Galgano, § 5.1, at 98; Malaurie & Aynès, n 163, at 53;
1 Steinauer, n 65, at 24-25, & n 116, at 33; Terré & Simler, n 14, at 12;
Trabucchi, n 159, at 369; Yiannopoulos, §§ 46-48, at 87-89.
4 See Galgano, § 5.1, at 98;
Malaurie & Aynès, n 163, at 52-53; Terré
& Simler, n 14, at 12.
5 Yiannopoulos, § 46, at 86-87.
6 Malaurie & Aynès, n 163, at 52-53;
1 Steinauer, n 59, at 24; Terré
& Simler, n 14, at 12; Yiannopoulos, § 45, at 84.
-1-
2
E
Whereas common things can be used by everyone
conformably with the use for which nature has intended
them,7 non-common things may not be used freely by
everyone, but are reserved for the use of a specific
person or persons (e.g., the owner or the
usufructuary).
Subdivisions
1 Of Non-Common Things: Public & Private Things
a Definitions
1) Public things are things that are owned by the
state or its political subdivisions in their
capacity as public persons.8
2) Private things are things that are owned by (i)
natural or private juridical persons or (ii) the
state or its political subdivisions in their
capacity as private persons.9
b Illustrations
1) Public things:
a) Of the state itself: running waters, waters
and bottoms of natural navigable water
bodies, territorial sea, seashore10
b) Of the state's political subdivisions:
streets, public squares, parks, cemeteries,
open spaces11
2) Private things: public offices, police & fire
stations, publicly-owned markets, schoolhouses,12
houses, automobiles, clothes, books
To say that a common thing "cannot be owned,” though technically
accurate, nevertheless invites misunderstanding. This proposition is true of
the common thing only in its entirety, e.g., the atmosphere as a whole or all
of the high seas. It is not true, however, of discrete parts of the common
thing.
Thus, whereas one can't own the whole atmosphere, one can, by
exercising dominion over a discrete part of it (e.g., bottling up a few cubic
feet of air), become the owner of that part. See Terré & Simler, n 14, at
12; Trabucchi, n 159, at 369; Yiannopoulos, § 47, at 87.
7 CC arts. 448 & 452;
Galgano, § 5.1, at 98; Malaurie & Aynès, n 163,
at 52-53;
1 Steinauer, n 65, at 25;
Terré & Simler, n 14, at 12;
Yiannopoulos, § 46, at 86.
8 CC art. 450, ¶ 1;
Yiannopoulos, § 49, at 89, & § 52, at 95-96. See
generally Cornu, n 977, at 311-12;
Galgano, § 5.4, at 113;
Malaurie &
Aynès, n 164, at 54; Terré & Simler, n 538, at 344; Trimarchi, n 388, at
538.
9 CC art. 453; Yiannopoulos, § 49, at 89;
§ 52, at 95-96; § 59, at 106;
§ 61, at 107.
10 CC art. 450, ¶ 2; Galgano, § 5.4, at 113-14;
Malaurie & Aynès, n
164, at 54 n. 41;
Trabucchi, n 165, at 380;
Trimarchi, n 388, at 538;
Yiannopoulos, §§ 56-58, at 102-05.
11 CC art. 450, ¶ 2 & comment (e); Galgano, § 5.4, at 114; Trimarchi, n
388, at 538-39; Yiannopoulos, § 56, at 102.
12 CC art. 453 comment (b); Yiannopoulos, § 61, at 108.
-2-
2
c) Significance
1) In general: The classification of a thing as
public or private determines whether the thing
can be owned by private persons (as opposed to
governmental entities). If the thing is public,
it cannot be owned by private persons (at least
not so long as it remains public13); if it's
private, then it can be owned by private
persons.14
2) Particular applications:
a) Whereas private things are susceptible of
acquisitive prescription, public things are
not.15
b) Whereas private things are susceptible of
possession, public things are not.16
Of Public Things: Necessarily & Adventitiously Public
Things
a Definitions:
1) Necessarily Public Things: Necessarily public
things are things that, according to
constitutional or legislative provisions, are
inalienable and necessarily owned by the state
or its political subdivisions.17
2) Adventitiously Public Things: Adventitiously
public things are things that, though alienable
and thus susceptible of ownership by private
persons, are presently (i) applied to some
public purpose and (ii) held by the state or its
political subdivisions in their capacity as
public persons.18
b Illustrations
1) Necessarily public things: running waters,
13 Some public things are permanently public and, for that reason, can
never be privately owned. But others are public only “for the time being.”
The latter become susceptible of private ownership (in other words, private)
when and if they cease to be public.
For more on this topic, see the
discussion of Necessarily & Adventitiously Public Things below.
14
Yiannopoulos, § 45, at 84.
See also Galgano, § 5.4, at 113;
Malaurie & Aynès, n 164, at 54 & 55;
1 Steinauer, n 69-70, at 25-26;
Trabucchi, n 165, at 380-81; Trimarchi, n 388, at 538.
15 Yiannopoulos, § 53, at 97, & § 54, at 98.
See also Malaurie & Aynès,
n 164, at 54 & 55;
Trabucchi, n 165, at 380-81;
Trimarchi, n 388, at
538.
16 Trabucchi, n 165, at 138.
17 CC art. 450 comment (c), ¶ 2; see also Galgano, § 5.4, at 113-114;
Trabucchi, n 165, at 380; Trimarchi, n 388, at 538.
18 CC art. 450 comment (c), ¶ 3; see also Trimarchi, n 388, at 539.
-3-
c
seashore, waters & bottoms of the Gulf of Mexico
within Louisiana's borders, bottoms of navigable
waterways19
2) Adventitiously public things: public squares,
publicly-owned roads, public parks, public
drainage ditches, cemeteries, publicly-owned
markets20
Significance: The classification of a thing as
necessarily or adventitiously public determines the
duration of its insusceptibility to private
ownership. If the thing is necessarily public,
then it's public once and for all: it can never
cease to be public and, therefore, can never become
private.21 If the thing is merely adventitiously
public, by contrast, then its public status can end
and when and if that happens, it becomes private.22
II Corporeals & Incorporeals
A Definitions
1 Corporeal things are things that have a body or
physical form and that can therefore be felt and
touched.23
2 Incorporeal things are things (i) that have no body or
physical form, that is, that cannot be felt or touched,
or (ii) that are comprehended by the understanding.24
B Illustrations
1 Corporeal things: land, buildings, crops, equipment,
furniture, petroleum, water, air25
2 Incorporeal things: rights of inheritance, personal
servitudes (e.g., usufruct, habitation), predial
19 CC art. 450 comments (d) & (g); see also Galgano, § 5.4, at 113-14;
Trabucchi, n 165, at 138; Trimarchi, n 388, at 539.
20 Trimarchi, n 388, at 538-39.
21
Short of a change in the law, that is. As we have learned, a thing
is necessarily public if and only if the constitution, legislation, or other
provision of law dictates public ownership.
Those provisions of law, of
course, are not themselves immutable.
If the people (in the case of a
constitutional provision) or the government (in the case of legislation or
other second order provision of law) were to repeal such a law or otherwise
change it so that public ownership was no longer required, then the thing to
which that law applies would, of course, cease to be necessarily public and
become, instead, only adventitiously public or private, depending on what the
new constitutional, legislative, or other legal provision dictates.
22 Yiannopoulos, § 53, at 97-98 & n. 4; see also Galgano, § 5.4, at 114.
23 CC art. 461, ¶ 1;
Yiannopoulos, § 26, at 44.
24 CC art. 461, ¶ 2;
Yiannopoulos, § 26, at 44-45.
25 Yiannopoulos, § 26, at 44.
-4-
C
D
servitudes, mineral rights, petitory actions, posessory
actions, bonds, shares of stock, obligations (e.g.,
tort rights and contract rights), right of intellectual
property26
Nature of criterion of distinction: physical27
Significance
1 Property law
a Possession: Only corporeals are susceptible of
"possession," at least in the original sense of the
term and as its used in the current Civil Code.28
b Servitudes: domain: Only corporeals--corporeal
immovables, to be more precise--can be subjected to
predial servitudes and the personal servitudes of
right of use and habitation.29 Incorporeals cannot.
2 Others: law of obligations: contracts
a Donations inter vivos: donative formalties:
Incorporeals can be donated only by means of
authentic act.30 Certain corporeals--corporeal
26 CC art. 461, ¶ 2; Cornu, nn 912-14, at 296-97;
nn 917-18, at 29899;
& n 926, at 301.
Terré & Simler, n 26, at 22-23, & n 31, at 27;
Yiannopoulos, § 26, at 44-45.
The status of things that, according to modern physics, have some sort
of physical existence (i.e., exist in time and space and are susceptible of
detection, measurement, etc.), but whose physical existence is not readily
perceptible by the unaided human senses, e.g., energy (electrical, nuclear,
etc.), power, radioactivity, is not entirely clear.
On the one hand, these
things do not "have a body" in the common sense of the word "body." But on
the other, they are not purely ideational or conceptual entities (referents
of "abstract nouns") like "rights," or "property," or "interests," and so,
are not comprehended solely by the understanding.
27
Malaurie & Aynès, n 200, at 57; see generally Yiannopoulos, § 25,
at 43, & § 26, at 44.
28 CC art. 3421, ¶ 1;
Cornu, n 1426, at 455;
Malaurie & Aynès, n
207, at 61; Yiannopoulos, § 26, at 46 & n. 18.
To be sure, some (though not all) incorporeals are susceptible of what
the Civil Code calls "quasi-possession," which is supposedly "analogous" to
possession.
CC art. 3421, ¶ 2.
This analogy, however, is sometimes a
strained one.
In modern French doctrine, the distinction between possession and
quasi-possession has been dissolved or, to invoke another metaphor that’s
perhaps more descriptive, quasi-possession has been absorbed into possession.
Possession, as redefined, means the factual exercise of some real right (such
as ownership or a servitude)–an incorporeal--with the intent to comport
oneself as the title-holder of that right. Cornu, nn 1131-1132, at 356;
Malaurie & Aynès, n 492, at 128; Terré & Simler, n 138, at 101, & n 140,
at 101-02; see also TRAVAUX DE LA COMMISSION DE RÉFORME DU CODE CIVIL, Le Projet du
Livre des Biens 640, 642, 659, 956, 957, 1001 (1946-47);
CODE CIVIL DU QUÉBEC
art. 921 (“Possession is the factual exercise, by oneself or by the
intermediation of another person who detains the thing, of a real right of
which one wants to be the title-holder.”)
29 CC art. 698;
Terré & Simler, n 796, at 561; Yiannopoulos, § 26, at
46 & n. 18.
30 CC art. 1536; Yiannopoulos, § 26, at 46.
An authentic act is a
written instrument executed before a notary and two witnesses. CC art. 1833.
-5-
b
movables, to be precise--can be donated by means of
physical delivery, which the Code refers to as
"manual gift."31
Sales: mode of delivery: Corporeal movables that
have been sold have to be delivered physically,
that is, handed over by seller to buyer.32
Incorporeals, by contrast, are considered to be
delivered as of the moment at which the instrument
that represents them is negotiated or at which the
agreement to transfer them is finalized.33
III Consumables & Nonconsumables
A Definitions:
1 Consumables are things that, by nature or by
destination, cannot be used without being expended,
consumed, or alienated or without their substance being
changed.34
2 Non-consumables are things that, by nature or by
destination, may be enjoyed without being expended,
consumed, or alienated and without alteration of their
substance (aside from normal “wear and tear” associated
with the use to which they are applied).35 They
continue to exist in spite of prolonged use.36
B Illustrations
1 Consumable things: money, harvested agricultural
products, stocks of merchandise, foodstuffs, beverages,
fuels, negotiable instruments payable to bearer,
certificates of deposit37
2 Nonconsumable things: lands, houses, shares of stock,
animals, furniture, vehicles, jewelry, clothes,
CC art. 1539; Yiannopoulos, § 26, at 46..
CC art. 2477, ¶ 2.
33 CC art. 2481; Yiannopoulos, § 26, at 46 & n. 18.
34 CC art. 536; Cornu, n 941, at 304; Galgano, § 5.3, at 113;
Malaurie
& Aynès, n 152, at 47; 1 Steinauer, n 105, at 31; Terré & Simler, n 15,
at 13; Trabucchi, n 161, at 373; Trimarchi, n 60, at 109; Yiannopoulos, §
28, at 47.
35
CC art. 537; Cornu, n 942, at 304;
Galgano, § 5.3, at 113;
Malaurie & Aynès, n 152, at 47; Trabucchi, n 165, at 373; Trimarchi, n
60, at 109; Yiannopoulos, § 28, at 47.
36 Yiannopoulos, § 28, at 47-48;
see also Terré & Simler, n 15, at 13.
37
CC art. 536; Cornu, n 941, at 304;
Galgano, § 5.3, at 113;
Malaurie & Aynès, n 152, at 47;
1 Steinauer, n 106, at 31;
Terré &
Simler, n 15, at 13; Trabucchi, n 165, at 373; Trimarchi, n 60, at 109;
Yiannopoulos, § 28, at 47 & 49.
31
32
-6-
C
D
machines38
Nature of the criterion of distinction: primarily
objective (based on physical characteristics), though
subjective factors (intended destination) can sometimes be
relevant39
Significance
1 Property law: real rights: servitudes: usufruct: A
usufruct whose object is a non-consumable
(traditionally known as a perfect usufruct) and a
usufruct whose object is a consumable (traditionally
known as an imperfect usufruct) are subject to quite
different legal regimes.40 To take two examples:
a Whereas the usufructuary of a non-consumable cannot
alienate or encumber the thing, the usufructuary of
a consumable can.41
b At the termination of a usufruct on nonconsumables, the usufructuary (or his successor)
must deliver the non-consumables themselves to the
owner (former naked owner)42; at the termination of
a usufruct on consumables, by contrast, the
usufructary (or his successor) must deliver to the
owner (former naked owner) either (i) things of the
same quantity and quality as the consumables or
(ii) the value of the consumables as of the
inception of the usufruct.43
2 Others: obligations: contract: nominate contracts:
38
CC art. 537; Cornu, n 942, at 304;
Galgano, § 5.3, at 113;
Malaurie & Aynès, n 152, at 47;
1 Steinauer, n 106, at 31;
Terré &
Simler, n 15, at 13; Trabucchi, n 165, at 373; Trimarchi, n 60, at 109;
Yiannopoulos, § 28, at 48 & 49.
39 Yiannopoulos, § 28, at 48-49.
40 See, e.g., CC arts. 538-539 & 628-629; see also Cornu, n 944, at
305; Galgano, § 8.3, at 158-59;
Malaurie & Aynès, n 153, at 47;
Terré &
Simler, n 15, at 13; Trabucchi, n 161, at 373; Trimarchi, n 405, at 562.
41 CC arts. 538-39; Cornu, n 944, at 305, & n 1276, at 401; Malaurie &
Aynès, n 813, at 232; 3 Steinauer, n 2405, at 19; n 2411, at 20; & nn
2484-2485, at 44; Terré & Simler, n 733, at 517-18; Trabucchi, n 202, at
464; Trimarchi, n 405, at 562.
42 CC art. 628; Cornu, n 1314, at 411;
Malaurie & Aynès, n 834, at
244; Terré & Simler, n 780, at 551; Trimarchi, n 60, at 109, & n 405, at
562.
43 CC art. 629; Cornu, n 944, at 305, & n 1276, at 401;
Galgano, §
8.3, at 158 & 159; Malaurie & Aynès, n 834, at 244; 3 Steinauer, n 2485a,
at 44; Terré & Simler, n 782, at 551-52; Trabucchi, n 161, at 373, & n
202, at 464; Trimarchi, n 405, at 562.
-7-
loans: Whereas only consumable things may be the object
of a mutuum (loan for consumption)44, only nonconsumable things may be the object of a commodatum
(loan for use).45
IV Fungibles & Infungibles
A Definitions
1 Fungibles: Two or more things are fungible vis-à-vis
each other46 if they belong to the same genre of things
and if, by virtue of their physical characteristics or
the intention of those who deal with them, they are
interchangeable or substitutable one for the other in
view of the end for which they will be used.47 In
commercial transactions, they are ordinarily bought and
sold or otherwise traded by numbers, weight, or
measure.48
2 Infungibles: An infungible is a thing that, by virtue
of its physical characteristics or the intention of
those who are dealing with it, is unique in view of the
end for which it will be used, so that it cannot be
replaced by or interchanged with any other thing.49
CC arts. 2891, ¶¶ 3 & 5, & 2910.
CC arts. 2891, ¶¶ 2 & 4, & 2893. See Cornu, n 945, at 305;
Malaurie & Aynès, n 153, at 47; 1 Steinauer, n 107, at 31; Trimarchi, n
60, at 109.
46 The importance of the phrase “vis-à-vis each other” in this
definition cannot be overemphasized. It indicates that “fungibility,” unlike
many of the other characteristics on the basis of which things are classified
(e.g, corporeality, consumability, or immovability), is a “relational”
characteristic, that is, it presents itself only if and when one thing is
juxtaposed against and compared with another. Just as it makes no sense to
ask “What is the sound of one hand clapping?” it makes no sense to ask “Is
this single thing fungible in itself?” See generally Malaurie & Aynès, at
48; Trabucchi, n 162, at 374-77.
47 See Yiannopoulos, § 29, at 50;
see also Cornu, n 946, at 305;
Galgano, § 5.3, at 113; Malaurie & Aynès, at 48; 1 Steinauer, n 98, at 30;
Terré & Simler, n 15, at 13; Trabucchi, n 161, at 372; Trimarchi, n 60,
at 107. See also Avant-Projet << Biens>> art. 16, Les Travaux de la
Commission de Réforme du Code Civil 658 .
48
Galgano, § 5.3, at 113; Malaurie & Aynès, n 155, at 48; 1
Steinauer, n 98, at 30; Trabucchi, n 161, at 372; Yiannopoulos, § 29, at
50; Avant-Projet << Biens>> art. 16, Les Travaux de la Commission de Réforme
du Code Civil 658 ; BGB art. 91.
49 Yiannopoulos, § 29, at 50;
see Cornu, n 946, at 303; Galgano, §
5.3, at 113; Terré & Simler, n 15, at 13; Trabucchi,n 161, at 372;
Trimarchi, n 60, at 107.
44
45
-8-
B
Illustrations
1 Fungibles: agricultural products (a dozen eggs, 50
kilos of rice, 20 "head" of cattle), mineral products
(e.g., a barrel of petroleum or 20 liters of gasoline),
chemical substances (30 Viagara tablets), foodstuffs
(10 boxes of Rice-a-Roni), drinks (50 cases of Abita
Purple Haze), products in a series, provided they are
new (e.g., 5 copies of Gore Vidal's latest novel or
Madonna's latest CD; 100 Ronco Bass-o-Matics, 10
"fully-loaded" 1999 Yugos), money, financial
instruments that are the equivalent of money50
2 Infungibles: a family heirloom, a country house, a race
horse, a master board, a collection of prizes, a period
furniture piece, a numbered exemplar of a deluxe
edition, a collection of rare coins, a garment made to
measure, a piece of furniture fabricated by a craftsman
according to a particular design, the originals of nonmultiple works of art, all used things, land 51
Nature of criterion of distinction: partly objective
(based on physical characteristics) & partly subjective
(based on intended use)52
Significance:
1 Obligations law: sales: transfer of ownership:
Whereas the ownership of a infungible thing is
transferred from the seller to the buyer as soon as
they agree on the thing and the price (even if delivery
is postponed),53 the ownership of an fungible thing is
transferred only when the seller individualizes the
thing (picks it out)54 or weighs, counts, or measures
out the required quantity of the thing from his stock
C
D
See Cornu, n 948, at 305; Galgano, § 5.3, at 112-13; Malaurie &
Aynès, n 155, at 49; 1 Steinauer, n 98, at 30; Terré & Simler, n 15, at
13; Trabucchi, n 161, at 372; Trimarchi, n 60, at 107, 108.
51 See Cornu, n 948, at 305;
Galgano, § 5.3, at 112; Malaurie &
Aynès, n 156, at 49;
1 Steinauer, n 98, at 30; Terré & Simler, n 15, at
13; Trimarchi, n 60, at 108.
Why land? "[E]ven if two tracts of land of
an equal nature differ only a little in terms of their location in space,
their quality is almost never a matter of indifference." Trimarchi, n 60,
at 108.
52 See Cornu, n 949, at 303;
Malaurie & Aynès, nn 155-156, at 48-49;
Terré & Simler, n 15, at 14.
53 CC art. 2456.
54 Id. art. 2457.
50
-9-
2
3
V
of things of the same kind.55
Obligations law: modes of extinguishing obligations:
performance: In a case in the which the obligor owes a
duty to give or to deliver, the qualification of the
object of that duty as fungible or infungible will
determine what performance is due and, so, what the
obligor must do to extinguish the obligation through
performance. If the object of that duty is a
infungible, then the obligor must give or deliver that
particular thing, whereas if the object of that duty is
a fungible, then the obligor need only (and, indeed,
can only) give or deliver some (any) thing that
conforms to the generic description of that fungible.56
Obligations law: modes of extinguishing obligations:
compensation: Whereas reciprocal debts for the payment
of things that are, as between themselves, fungible are
susceptible of compensation, reciprocal debts for the
payment of things that are, as between themselves,
infungible are not.57
Divisible & Indivisible Things
A Definitions
1 Divisible things: A thing is divisible if it can be
physically divided into several discrete parts,
provided that (i) the parts can be used for the same
purposes as the undivided thing, (ii) the parts are of
the same nature, (iii) the parts are of nearly equal
value, and (iii) the aggregate value of the parts is
not significantly less than the value of the undivided
thing.58
2 Indivisible things: A thing is indivisible if (i) it
cannot be physically divided into discrete parts or
(ii) though it can be so divided, (a) the parts can’t
be used for the same purposes as the undivided thing,
(b) the parts are not of the same nature, (c) the parts
are not of the same value, or (d) the aggregate value
55
at 50;
56
Id. art. 2458. See Cornu, n 952, at 304; Malaurie & Aynès, n 157,
Terré & Simler, n 15, at 13.
See Cornu,  950, at 303-04; see generally Malaurie & Aynès, n 157,
at 49.
CC art. 1893; see also Cornu, n 951, at 304; Malaurie & Aynès, n
157, at 49; Trabucchi, n 161, at 373.
58 1 Steinauer, n 108, at 31;
Trabucchi, n 61, at 373; Yiannopoulos,
§ 30, at 53 (citing CC art. 810).
57
-10-
of the parts is significantly less than the value of
the undivided thing.59
Illustrations
1 Divisible things: undeveloped land, liquids, pieces of
cloth, a slaughtered animal, a lot of merchandise, a
sum of money60
2 Indivisible things: a living animal, a work of art, a
clock, a diamond, the roof or foundation of a
building61
Nature of criterion of distinction: objective (partly
physical, partly economic)
Significance: Whereas a co-owned divisible thing can be
partitioned in kind (as well as by licitation),62 a coowned indivisible thing can be partitioned only by
licitation, that is, it must be sold at public auction and
the proceeds of the sale, divided among the co-owners.63
B
C
D
VI Single (Simple) & Composite (Complex) Things
A Definitions
1 Single things: A single (or simple) thing is a
corporeal thing that, to the mind of a layman (as
opposed to that of a scientist), appears to be composed
of a single substance or to have a single essence.64
It's seemingly singular character may be attributable
to nature or to man.65
2 Composite things: A composite (or complex) thing is a
corporeal thing formed by the union of several
corporeal things that, prior to this union, enjoyed a
distinct physical existence, but that, by virtue of
this union, seem to have lost their individuality and
to have become but "component parts" (albeit essential
ones) of a larger totality.66 If any of these
component parts were to be separated from the rest,
then the thing formed by their union would, to the mind
See authorities
1 Steinauer, n
61 1 Steinauer, n
62 CC art. 810.
63 Id. art. 811.
64 1 Steinauer, n
65 1 Steinauer, n
66 Galgano, § 5.3,
31, at 55.
59
60
collected in previous note.
108, at 31-32; Trabucchi, n 161, at 373.
108, at 31-32; Trabucchi, n 161, at 373.
111, at 32; Yiannopoulos, § 31, at 55.
111, at 32.
at 112; 1 Steinauer, n 111, at 32; Yiannopoulos, §
-11-
of a layman, be lost or destroyed.67
Illustrations
1 Single things: stones, pieces of metal, wood, organic
matter, an animal, a plant, a piece of paper, a coin68
2 Composite things: a piece of furniture, a car, a ship,
an automobile, an armoire, a developed immovable69
Nature of the criterion of distinction: objective (based
on a scientifically naive assessment of physical
characteristics)
Significance: property & obligations law: transfer &
encumbrance: The transfer or encumbrance of an immovable
includes its component parts.70
B
C
D
VII Principal Things & Accessory Things (Appurtenances)
A Definitions
1 An accessory (or appurtenance) is a thing that, by its
nature, local usage, or the intention of its owner, is
dedicated on an enduring basis to the service,
preservation, ornamentation, or economic use of another
thing, called the principal, but that nevertheless,
despite this dedication, neither loses its
individuality so as to become a component part of the
principal nor undergoes significant physical
modification.71
2 The principal thing is the thing to which the accessory
appertains.72
B Illustrations
1 The spare tire and tire tools of a car (the principal)
are the car’s accessories73
2 The furniture in the lobby of a hotel (the principal)
is an accessory of the hotel74
3 A free-standing garage is an accessory of a house (the
Galgano, § 5.3, at 112.
1 Steinauer, n 111, at 32; Yiannopoulos, § 31, at 55.
69 Galgano, § 5.3, at 112;
1 Steinauer, n 111, at 32; Yiannopoulos, §
31, at 55.
70 CC art. 469.
See Yiannopoulos, § 32, at 57.
71 Galgano, § 5.3, at 111 & 112;
1 Steinauer, n 94, at 29; Trabucchi,
n 162, at 376; Trimarchi, n 60, at 109; Yiannopoulos, § 34, at 59; BGB
art. 97.
72 See authorities collected in previous note.
73 Trimarchi, n 60, at 109.
74 Trimarchi, n 60, at 109; Galgano, § 5.3, at 111.
67
68
-12-
principal)75
4 The service boats, life boats, furnishings, boarding
devices, and tools of a ship (the principal) are the
ship’s accessories76
5 A statue placed in a garden (the principal) is an
accessory of that garden77
6 The accessories of a farm (the principal) may include
tools, irrigation devices, seeds, fodder for animals78
7 The accessories of a church building (the principal)
include pews, candelabras, religious ornaments (e.g., a
crucifix or an icon)79
8 A water heater is an accessory of a building (the
principal)
180
Nature of the criterion of distinction: partly objective
(based both on physical characteristics and economic
relationship of the things) and partly subjective (based
on destination of the owner)
Significance
1 Property law: accession: movables: When two
corporeal movables that are, as between each other,
principal and accessory, are "united" to each other,
the whole becomes the property of the owner of the
principal, who then owes a duty of reimbursement to the
former owner of the accessory.81
2 Property & obligations law: ownership & sales:
transfer: The sale of a thing includes all accessories
intended for its use in accordance with the law of
property.82
C
D
X
Fruits & Products
A Definitions
1 Fruits
a In general:
75
Fruits are things that are produced by
Trimarchi, n 60, at 109; Galgano, § 5.3, at 111; Trabucchi, n 162,
at 376.
Trimarchi, n 60, at 109; Galgano, § 5.3, at 111.
Galgano, § 5.3, at 111.
78 Trabucchi, n 162, at 376.
79 Id.
80 Id.
In Louisiana, a water heater probably also qualifies as a
component part by law of the building to which it’s attached. See CC art.
466, ¶ 1.
76
77
81
CC arts. 508 & 510.
82
CC art. 2461.
-13-
1)
2
or derived from another thing without, in the
process, noticeably diminishing or altering the
substance of that thing.83 Though a thing need not
be susceptible of periodic reproduction in
perpetuity in order to qualify as a fruit, the vast
majority of fruits do exhibit this characteristic.84
b Varieties:
Natural: Natural fruits are those that, with or
without human assistance or intervention, are
derived or produced from the earth, from
animals, or from plants by means of natural
processes
(e.g.,
sexual
reproduction,
germination, growth of tissue, generation of
bodily fluids).85
2) Civil: Civil fruits are revenues derived from a
thing by operation of law or by reason of a
juridical act.86
Products
a In general:
Mere products are things that are
produced or derived from another thing and that, in
the process, diminish the substance of that thing.87
Such things usually are not susceptible of periodic
reproduction, at least not indefinitely (in other
words, if the process of production continues, the
underlying thing will eventually run out).88
b Varieties
CC art. 551, ¶ 1; see Yiannopoulos, § 39, at 70; see also Cornu, n
969, at 307; Malaurie & Aynès, n 160, at 52; Terré & Simler, n 16, at 14,
& n 110, at 81.
84 Cf. Cornu, n 969, at 307;
Malaurie & Aynès, n 160, at 52; 1
Steinauer, n 1073-1073a, at 278; Terré & Simler, n 16, at 14.
85 See CC art. 551, ¶ 3.
See Yiannopoulos, § 40, at 72; see also
Malaurie & Aynès, n 160, at 52; 1 Steinauer, nn 1072, 1073 & 1074, at 278;
Terré & Simler, n 110, at 81;
see generally Cornu, n 969, at 307;
Galgano, § 5.2, at 103; Trabucchi, n 164, at 379; Trimarchi, n 60, at 110.
86 CC art. 551, ¶ 4.
See Yiannopoulos, § 40, at 72; see also Malaurie
& Aynès, n 160, at 52; 1 Steinauer, n 1076, at 279; Terré & Simler, n
110, at 81; see generally Galgano, § 5.2, at 103; Trabucchi, n 164, at
379; Trimarchi, n 60, at 110.
87 CC art. 488.
See Yiannopoulos, § 39, at 70-71; see also Cornu, 
970, at 308; Malaurie & Aynès, n 160, at 52; Terré & Simler, n 16, at 14,
& n 110, at 81.
88 See Cornu,  970, at 308;
Malaurie & Aynès, n 160, at 52; Terré &
Simler, n 16, at 14, & n 110, at 81; see generally Yiannopoulos, § 39, at
70.
83
-14-
1) Natural products are those that, prior to their
derivation or production, were part and parcel
of or, at the very least, physically united to
the thing from which they were derived or
produced.
2) Civil products are revenues generated by the
transfer of the right to remove natural products
or by the sale of those natural products
themselves.
Illustrations
1 Fruits
a Natural: fruits of trees, vines, and bushes (e.g.,
pears,
satsumas,
grapes,
blackberries,
strawberries);
nuts (e.g., pecans); crops (e.g.,
rice,
sugar
cane,
soybeans,
water
melons);
89
offspring of animals;
milk;
wool;
trees,
provided they are produced from an established tree
farm or a regularly exploited forest;
minerals
(e.g., oil and gas), provided they are produced
from an open mine90
b Civil: rent, interest, stock dividends91
2 Products
a Natural:
trees, provided they are not part of a
tree farm or regularly exploited forest; minerals
(e.g., oil and gas) produced from a new mine92
b Civil: revenues generated from the sale of timber
rights or from the sale of timber itself, provided
that the timber is not part of a tree farm or a
regularly exploited forest; mineral (e.g., oil and
gas) royalties payable upon production of minerals
from a new mine
Nature
of
the
criterion
of
distinction:
primarily
B
C
CC art. 551, ¶ 3; Cornu, n 970, at 308; Galgano, § 5.2, at 103; 1
Steinauer, nn 1073 & 1075, at 278 & 279; Terré & Simler, n 110, at 81;
Trabucchi, n 164, at 379; Trimarchi, n 60, at 110.
90 CC art. 551 comments (b) & (c); Yiannopoulos, § 42, at 73-76;
see
also Cornu, n 970, at 308; Malaurie & Aynès, n 161, at 52; Terré &
Simler, n 110, at 81.
91 CC art. 551, ¶ 4;
see Yiannopoulos, § 40, at 72: see also Cornu, 
969, at 307; Galgano, § 5.2, at 103; Terré & Simler, n 110, at 81;
Trabucchi, n 164, at 379; Trimarchi, n 60, at 110.
92 CC arts. 551 comments (b) & (c) & 448 comment (b); Yiannopoulos, §
42, at 73-76; see also Cornu, n 970, at 308; Malaurie & Aynès, n 161, at
52; Terré & Simler, n 110, at 81.
89
-15-
objective (based on physical characteristics), secondarily
subjective (deliberate alteration of the circumstances of
production, e.g., drawing and implementation of plans for
tree forests or mines)93
Significance:
property law:
ownership:
accession with
respect to fruits & products
1 Products belong to the owner of the thing from which
they are produced.94
To this rule there are no
exceptions.
2 Fruits, too, ordinarily belong to the owner of the
thing from which they are produced.95 But to this rule,
which is merely a general rule, there are exceptions:
a Fruits produced by one who holds a usufruct over
the underlying thing belong to the usufructuary.96
b Fruits gathered by one who possesses the underlying
thing in good faith belong to the possessor.97
c Fruits produced from plantings made with the
consent of a landowner belong to the planter, e.g.,
the lessee of a farm lease.98
D
XI Immovables & Movables
A Definitions
1 Immovable: Immovable things are (i) corporeal things
(a) that are not susceptible of being moved from place
to place or (b) that, by legislative fiat or by
declaration of the owner, have been assimilated to such
corporeal things and (ii) incorporeal things that have
See Malaurie & Aynès, n 160, at 51; Terré & Simler, n 110, at 81.
CC art. 488; see Yiannopoulos, § 39, at 70; see also Malaurie &
Aynès, n 162, at 52; Terré & Simler, n 16, at 14. This assumes that the
owner has not disposed of his right to the products by juridical act. If he
has, then the products, of course, belong to his transferee.
95 CC art. 483;
see Yiannopoulos, § 39, at 71, & § 42, at 75; see also
Malaurie & Aynès, n 162, at 52. This assumes that the owner has not
disposed of his right to the fruits by juridical act. If he has, then the
fruits, of course, belong to his transferee.
96 CC arts. 550 & 483 comment (c);
see Yiannopoulos, § 39, at 71, & §
42, at 74; see also Cornu, n 972, at 308l Malaurie & Aynès, n 162, at 52;
Terré & Simler, n 16, at 14.
97 CC arts. 487 & 483 comment (c);
see Yiannopoulos, § 42, at 75-76;
see also Cornu, n 972, at 308; Malaurie & Aynès, n 162, at 52; Trabucchi,
n 164, at 379.
98 Implication of CC art. 493, ¶ 1.
See also CC art. 493 comment (c)
(1984); CC art. 483 comment (c).
93
94
-16-
such corporeal things as their objects.99
2 Movable: Movable things are those things that are not
immovable.100
Classifications
1 Immovables
a Corporeal immovables
1) Definition: Corporeal immovables are corporeals
that are not susceptible of being moved from
place to place or that, by legislative fiat or
by
declaration
of
the
owner,
have
been
101
assimilated to such corporeal things.
2) Varieties
a) By nature102
1] Things whose immovability is independent
of unity of ownership
a] Tracts of land103:
portions of the
surface of the earth individualized by
boundaries, together with the soil and
subsoil104
b] Buildings105: constructions that the
society at large would regard as
“buildings”
in
view
of
their
B
See Trabucchi, n 160, at 370 & 371; see generally Cornu, nn 921924, at 298-99; Malaurie & Aynès, n 110, at 29, & n 117, at 32;
1
Steinauer, n 96, at 30; Terré & Simler, n 17, at 15; Yiannopoulos, § 106,
at 238, & § 108, at 239.
100 CC art. 475.
See Yiannopoulos, § ___, at ___.
See also Galgano, §
5.3, at 110; Malaurie & Aynès, n 117, at 32; Trabucchi, n 160, at 371;
Trimarchi, n 60, at 106.
101 See Cornu, nn 921-924, at 298-99;
Malaurie & Aynès, n 110, at 29,
& nn 115-116, at 31-32, & n 117, at 32; Terré & Simler, n 17, at 15;
Trabucchi, n 160, at 370; see generally Yiannopoulos, § 108, at 239, 240.
102 See generally Cornu, n 907, at 292-93;
Terré & Simler, n 10, at
17; Trabucchi, n 160, at 370; Yiannopoulos, § 108, at 240, & § 112, at
255-56.
103 CC art. 462.
See also Cornu,  907, at 292; Galgano, § 5.3, at 109;
1 Steinauer, n 96, at 30; Terré & Simler, n 20, at 17; Trabucchi, n 160,
at 370; Trimarchi, n 60, at 106; Yiannopoulos, § 114, at 260-61.
104 CC art. 462 comment (c);
see 1 Steinauer, n 96, at 30;
Yiannopoulos, § 114, at 260; see also Terré & Simler, n 20, at 17.
105 CC arts. 463, 462, & 464.
See also Cornu, n 907, at 292; Galgano,
§ 5.3, at 109; Terré & Simler, n 20, at 17;
Trabucchi, n 160, at 370;
Trimarchi, n 60, at 106; Yiannopoulos, § 114, at 262-63, & § 137, at 30405.
99
-17-
permanence, function, size, and cost106
c] Standing timber107:
1} Standing:
a} Rooted in the soil of the
land108
b} Not cut down109
2} Timber: vegetation whose wood can
be
exploited
for
commercial
purposes, e.g., the construction of
buildings, other constructions, or
furniture or the manufacture of
paper110
d] Things so incorporated into a tract of
land, a building, or an immovable
construction
so
as
to
become
an
111
integral part of it
1} Definition:
One thing is so
incorporated into another so as to
become an integral part of the
latter when the former, by virtue
of the incorporation, loses its
separate identity, merging with and
becoming part and parcel of the
latter.112
2} Illustrations:
a} Building
materials,
e.g.,
paint,
lumber,
nails,
sheetrock, bricks, mortar113
b} Structural
additions
to
buildings,
e.g.,
balconies,
elevators
and
lifts,
114
partitions, mezzanines
e] Things
permanently
attached
to
a
building
or
some
other
immovable
Yiannopoulos, § 137, at 304-05.
CC arts. 463, 462, & 464. See Yiannopoulos, § 133, at 299.
108 Cf. Yiannopoulos, § 128, at 287 n. 1.
109 CC art. 463 comment (d);
Yiannopoulos, § 134, at 299.
110 CC art. 562 comment (c).
111 CC arts. 465, 462, 463 & 464.
See Yiannopoulos, § 115, at 263, & §
142, at 312-13.
112 CC art. 465 comment (c);
Yiannopoulos, § 115, at 263, & § 142, at
312-13.
113 CC art. 465;
Yiannopoulos, § 142, at 312.
114 Yiannopoulos, § 142, at 313.
106
107
-18-
construction so as to become component
parts of it115
1} Things permanently attached as a
matter of law116
a} Definition:
A
thing
is
permanently
attached
to
a
building or another immovable
construction as a matter of law
if the society at large would
regard it as such, in other
words, if reasonable persons
would assume that the thing “is
part of” or “goes with” the
building
or
other
construction.117
b} Illustrations:
light fixtures
(including, at least in some
instances,
chandeliers),
carpeting, tile flooring, wall
paper, ceiling fans, burglar
alarms,
septic
tanks,
field
lines, air-conditioning units118
2} Things permanently attached as a
matter of fact119
A thing is permanently attached
to
a
building
or
another
immovable
construction
as
a
matter of fact if it cannot be
removed
without
causing
the
building or other construction
to sustain substantial physical
damage.120
2] Things whose immovability is dependent on
unity of ownership
a] Other
constructions
permanently
attached to the ground121

CC art. 466, 463, 462 & 464. See Yiannopoulos, § 142, at 312.
Id. ¶ 1; Yiannopoulos, § 142, at 313.
117 Equibank v. IRS, 749 F.2d 1176 (5th Cir. 1985);
American Bank &
Trust Co. v. Shel-Boze, Inc.., 527 So. 2d 1052 (La. App. 1st Cir. 1988).
118 See authorities collected in Yiannopoulos, § 142, at 313 n. 4 (and
Supplement).
119 CC art. 466, ¶ 2;
Yiannopoulos, § 142, at 313-14.
120 CC art. 466, ¶ 2;
Yiannopoulos, § 142, at 313-14.
121 CC art. 463 & 462.
See Yiannopoulos, § 141, at 309-10.
115
116
-19-
1} Construction:
any
man-made
structure
2} Other: not a building122
3} Permanently attached to the ground:
physically integrated into the soil
in a manner which suggests that the
thing so integrated will remain
there on an enduring basis123
b] Unharvested crops124
1} Unharvested: still attached to the
stalk or stem, which, in turn, is
still rooted in the soil of the
land125
2} Crop:
vegetation
grown
for
consumption, either by the grower
himself or by someone else
c] Ungathered fruits126
1} Ungathered: still hanging on the
vine or branch
2} Fruit: a sweet, edible plant part
that contains the plant's seeds
inside a juicy pulp
b) By declaration:
Certain movables may be
"immobilized" by a declaration of the will on
the following conditions127:
1] the movable qualifies as machinery, an
appliance, or equipment;
2] it is placed on and dedicated to the
service and improvement of an immovable;
3] the dedicator owns the movable;
4] the dedicator also owns the immovable;
5] the dedicator declares in writing that he
has placed the movable on the immovable
for its service and improvement so as to
make the movable a component part of the
immovable;
Yiannopoulos, § 141, at 309.
Yiannopoulos, § 141, at 310 & 311 n. 11.
124 CC art. 463.
See Yiannopoulos, § 115, at 262-63, & § 128, at 287.
125 See generally Yiannopoulos, § 128, at 287 n. 2.
126 CC art. 463.
See Yiannopoulos, § 115, at 262-63, & § 128, at 287.
127 CC art. 467.
See Yiannopoulos, § 115, at 263, & § 142, at 31. Cf.
Cornu,  908-911, at 293-94 (immovables by destination); Malaurie & Aynès,
at 42-45 (same); Terré & Simler, nn 21-24, at 18-21 (same).
122
123
-20-
2
6] the written declaration is filed for
registry
in
the
appropriate
public
records
b Incorporeal immovables
1) Definition:
Incorporeal immovables are rights
and actions that apply to immovable things.128
2) Illustrations:
personal servitudes established
on
immovables,
predial
servitudes,
mineral
rights, petitory actions, possessory actions129
Movables
a Corporeal movables
1) Definition:
Corporeal movables are things,
whether animate or inanimate, that (i) normally
move or can be moved from one place to another
and (ii) have not been immobilized.130
2) Varieties:
a) Corporeal
movables
neither
attached
nor
dedicated to an immovable
* Examples:
harvested crops, gathered
fruits,131 movables incorporated into a
movable construction so as to become an
integral part of it, movables permanently
attached
to
movable
constructions,
materials gathered for the erection of a
new building or other construction (even
if derived from the demolition of an old
one)132
b) Corporeal movables attached or dedicated to
an immovable
1] Other constructions that-a] are not permanently attached to the
land and/or
b] belong to someone other than the owner
CC art. 470. See Yiannopoulos, § 146, at 320-21; see also Cornu, n
912-914, at 295; Terré & Simler, n 26, at 22-23; cf. 1 Steinauer, n 96,
at 30; Trabucchi, n 160, at 371.
129 CC art. 470;
Yiannopoulos,  146, at 320-21; see also Terré &
Simler, n 26, at 22-23.
130 CC art. 471 & comment (c);
Yiannopoulos, § 148, at 324-25; see also
Malaurie & Aynès, n 110, at 29; 1 Steinauer, n 96, at 30; Terré & Simler,
n 17, at 15, & n 28, at 24; cf. Cornu, n 915, at 295-96.
131 CC art. 463 comment (e).
132 CC art. 472;
Yiannopoulos, § 148, at 326.
128
-21-
C
D
of the land133
2] Movables
that
fail
to
qualify
as
component parts of a building or other
immovable construction because they are
not permanently attached thereto either
by law or in fact
3] Movables by anticipation:
unharvested
crops or ungathered fruits that belong to
someone other than the owner of the
ground134
b Incorporeal movables
1) Definition: Incorporeal movables are rights and
actions that apply to movable things.135
2) Illustrations:
bonds, annuities, shares of
corporate stock, partnership shares, an interest
in an employee pension plan, shares of ownership
of a movable, right to receive rent (even if the
leased thing is itself immovable)136
Nature of criterion of distinction:
primarily objective
(based
on
physical
characteristics),
secondarily
137
subjective (based on declaration of will)
Significance.
The law (including, but certainly not
limited to, just the law of property or even just the
civil law) treats immovables and movables differently for
a variety of purposes.
1 Property law:
Within the law of property, the
distinction is important for the following reasons
(among others):
a Modes of acquiring ownership:
1) Accession: Accession with respect to immovables
and accession with respect to movables are
governed
by
radically
different
regimes.138
Consider, for example, what those regimes
CC art. 463; id. art. 464 comment (d).
CC arts. 474, 463 & comment (e). See Yiannopoulos, § 115, at 263, &
§ 128, at 287-89. See also Cornu,  916, at 296; Malaurie & Aynès, n 133,
at 40-41; Terré & Simler, n 29, at 25-26.
135 CC art. 473;
Yiannopoulos, § 149, at 329; see also Cornu, n 917,
at 296-97; Terré & Simler, n 31, at 27-28,
136 CC art. 473;
Yiannopoulos, § 149, at 329.
137 See Cornu, nn 921-923, at 298;
Malaurie & Aynès, n 110, at 29;
Terré & Simler, n 17, at 15;
138 Compare CC arts. 490-506 (immovables) with CC arts. 507-516
(movables). See Yiannopoulos, § 106, at 236.
133
134
-22-
b
provide with respect to the ownership of
additions to land (called "improvements"), on
the one hand, and the ownership of additions to
movables (called "accessories"), on the other.139
Who owns an addition to land depends on whether
the addition is made with the consent of the
landowner:
if it is, the addition belongs to
him who made it;
if it is not, the addition
belongs to the landowner.140
An addition to a
movable, by contrast, belongs to the owner of
that movable.141
2) Acquisitive
prescription:
Acquisitive
prescription of real rights in immovables and
acquisitive prescription of real rights in
movables are governed by rather different
regimes.142
To take just one example, whereas
the "delay" required for abridged (good faith)
acquisitive prescription for immovables is ten
(10) years143, the "delay" required for abridged
acquisitive prescription for movables is (3)
years.144
Transfer of ownership: effectivity vis-à-vis third
persons: publicity:145
Whereas a transfer of the
ownership of a movable is made effective as to
third persons by the transferor's mere delivery of
the thing to the transferee146, a transfer of an
immovables is made effective as to third persons
only upon the filing into the appropriate public
records of the instrument that memorializes the act
of transfer (the act of sale, act of donation,
etc.)147
Compare CC arts. 493 with CC arts. 508-510.
CC art. 493. See Yiannopoulos, § 116, at 265.
141 CC art. 510.
142 Compare CC arts. 3473-3488 with CC arts. 3489-3491.
See
Yiannopoulos, § 106, at 236. See also Malaurie & Aynès, n 123, at 35;
Terré & Simler, n 18, at 16.
143 CC art. 3475.
144 CC art. 3490.
145 CC arts. 517-518 & 2442.
See Yiannopoulos, § 106, at 237-38; see
also Cornu,  929, at 200; Malaurie & Aynès, at 33-34; 1 Steinauer, n 97,
at 30; Terré & Simler, n 18, at 16; Trimarchi, n 60, at 107; Trabucchi,
n 160, at 371.
146 CC art. 518.
147 CC arts. 517 & 2442.
139
140
-23-
c
2
148
149
150
Servitudes:
domain:
Only immovables--corporeal
immovables, to be precise--can be subjected to
predial servitudes148 and to the personal servitudes
of right of use149 and habitation.150
d Accessory real rights: mortgage & pledge (pawn and
antichresis):
domains:151
With only a handful of
exceptions, only immovables can be subjected to
mortgages.152
The type of pledge known as "pawn"
can be created only on a movable153;
the type of
pledge
known
as
“antichresis”,
only
on
an
154
immovable.
Other: obligations
a Formalities
1) Sale.
As a general rule the sale of an
immovable must be reduced to writing, i.e., in
authentic
form
or
by
act
under
private
signature.155
The sale of a movable, by
contrast, need not be reduced to writing.156
2) Donation inter vivos.
Whereas donations inter
vivos of immovables must be accompanied by an
authentic act157, donations inter vivos of at
least some movables, namely, corporeal movables,
need not even be accompanied by a writing, in
other words, may be accomplished by "manual"
gift."158
b Sales:
lesion.
Whereas the sale of an immovable
can be rescinded on grounds of lesion, the sale of
a movable cannot.159
CC art. 698 & comments (b) & (c).
CC art. 639 & comment (c).
CC art. 630 & comment (b). See generally Malaurie & Aynès, n 127,
at 38.
151 See Yiannopoulos, § 106, at 236 & n. 6;
see also Cornu, n 929, at
300; Malaurie & Aynès, n 122, at 34-35; 1 Steinauer, n 97, at 30; Terré
& Simler, n 18, at 16; Trabucchi, n 160, at 371.
152 CC art. 3286.
See Yiannopoulos, § 106, at 236 & n. 6.
See also
Cornu, n 929, at 300; Malaurie & Aynès, n 122, at 34; Terré & Simler, n
18, at 16.
153 CC arts. 3135, 3154, & 3155.
See Yiannopoulos, § 106, at 236 & n. 6.
See also Malaurie & Aynès, n 122, at 34-35.
154 CC art. 3135, 3178, & 3179.
See Yiannopoulos, § 106, at 236 & n. 6.
155 CC arts. 1839 & 2440.
See Yiannopoulos, § 106, at 236 & n. 6.
156 See CC arts. 1839 & 2440.
See Yiannopoulos, § 106, at 236 & n. 6.
157 CC art. 1536.
See Yiannopoulos, § 106, at 236 & n. 6.
158 CC art. 1539.
See Yiannopoulos, § 106, at 236.
159 See CC art. 2589.
See Cornu, n 932, at 300; Malaurie & Aynès, n
-24-
125, at 36;
Terré & Simler, n 18, at 16.
-25-