PRV1 144D2 Lecture Notes - Lecture 16: La Nature, Usufruct, Emphyteusis

• School: McGill University
• Department: Private Law 1
• Course: PRV1 144D2
• Professor: Yaell Emerich

Document Summary

Modalities & dismemberments of ownership: superficies & emphyteusis. What are the conditions for the establishment of divided co-ownership? o. Specific regime of public order: declaration (with specific content) and publication: art. Marler: we think of superficies as modalities, but he thought of the as a dismemberment, even though we have the same definition - doctrine struggles with the distinction btwn the 2 o. This definition was rejected by the legislature, in favour of cardinal"s. Adopted from carindal: 2 distinct elements o o. You have the right itself (to the building) You have accessory real rights (usually droit de passage where the subsoil owner always has real obligation to let you onto the land to access superficies: as seen in art 1111. Modes of constitution 1110: agreement to divide the property. Right that everything on top of your building, artificially or naturally on your. You transfer your right, which is almost like dismemberment o.