First semester.

Preliminary code opens civil law to many different sources. It isnt closed.
Ownership of property not thing. Property is a patrimonial right. A right inside the patrimony.
Patrimonial rights are always in commerce. Extrapatrimonial rights cannot be inalienated,
because they are who you are in law.
Personal right. A claim. You are a debtor. Today you are engaged to another a person through
things. 2644 common pledge creditor. Personal obligation becomes a patrimonial obligation.
A real right directly in a thing that is opposable to third parties.
Droit de suite -> if you sell a house with servitude, it stays with house not a person.
It can come with real obligations but they are obligations linked to the thing, not the person.
Not personally obligated, but propter rem obligations.
Tremblay v Martel Servitudes. Must be published to be opposable. If a real servitude is not
published, it becomes a personal right?? Not personal servitude.
Tri-Tex Case nature of object of intellectual right.
Personality rights extrapatrimonial / patrimonial. Right to my image but also right on my
image.
Immovable/movable corporeal / incorporeal not as important as before, but important in terms
of immovable / movable there are specific rules for immovable. Movable is default (if it is not
immovable, then by default it is movable). You can have incorporeal movables waves / energy
(906). Law therefore defines what is corporeal / incorporeal. Sometimes you can infer what a
thing is, but sometimes the law just defines it.
In CCLC they had immovable by destination, now its only immovable by nature (attachment,
usefulness, vocation
Belair case bridge taxable;
Nadeau furnace immovable by destination.
Horn elevator legal hypothec on immovable.
Construtek Lamp shit.
Axor construction Ice rink Panels. Does it serve the vocation of the thing?
IMMOVABLE BY ADHERANCE Idea of material accession (why do I become the owner?)
because its attached to the thing I own.

*** YOU DONT NEED TO KNOW THE CASE NAME YOU CAN JUST SAY BRIDGE
WITH TAX PROBLEM ****
Second Semester.
Ownership did not appear from no where. It used to be collective ownership, now it is private
ownership.
Ownership has become private ownership. Even when a public body / sovereign expropriates
they must compensate.
Whats the difference between detention and possession?
Detention lessee; why? I have no intention of being owner. I have corpus but not animus.
Possession CORPUS AND ANIMUS.
If I promise to sell you something, but I sell it to someone else? Can you revendicate the thing?
No. All you have is personal right to compensation against my promise. For example if I promise
a bike, I have to pay for your bus fare because I sold it to someone else.
Its like expropriation case Ouimet / guilbaut personal right not real right because of
expropriation.
Possession.
Bolduc v. Fortier mere tolerance is not possession for prescription.
Sivret v Giroux husband / wife no possession because NOT equivocal. Poopoo thinks there
should be able to have co-posession if we can have undivided co -ownership.
Ways to acquire ownership.
Mallette Money; possession but in bad faith
Tremblay v boivin Moose. Occupation bien sans maitre
Treasure case boivin
Movable accession Pacheco case .. truck was modified
Ownership.
ownership is a way of knowing world. Organizes code & society. Core at relationship w/
others and things.
Portalis how ownership is natural and that we are all owners.
Where does ownership come from? Historical. King of France took land then ceded it to
others.

Waterbeds Auger case

Public domain. Everything that is owned by crown public domain. Yet in this domain, crown
has private property (state patrimony). Otherwise there are some property that have their own
regime Kaladart case.. Salt garage is public utility, but school is not. They cannot be
hypothecated etc.
Abusus you can abandon shit. Bank can abandon garage.
Good and bad faith when it comes to possession is not about good or evil. Like if you have
stolen property but didnt know, once you find out youre in bad faith but that doesnt mean
youre evil.
When you own a piece of land youre supposed to own both the soil and the air.
lacroix case/Sutton case your property rights can be infringed if justified (plane v.
environment).
Inkel v lambert forcing neighbors to make boundaries?
Social function of ownership Neighbourhood disturbance is CVL term do not use nuisance
(CML term) 976). Ciment St Laurent case.
Sula / Wallot / Katz / Drysdale (horse stable) / Houle (good faith) case modulation of
ownership by regulation (neighbourhood disturbance).
Special mode of ownership full ownership just modulated because neighbours are closer so you
have extra responsibilities than just full ownership.
Cumyn indivision article read it. Also if you cite Cumyn / Kasirer cite the name.
Cumyn thinks that indivision should also apply to personal rights and dismemberments not just
ownership.
Bandera case Claim not real right ** SUPPORTS CANTIN CUMYN argument*; Harel case
cant get stranger in indivision; robin v Nicole asking for indivision (1030); zambito
abandons wall and has no obligations.
When you are talking about indivision, it does not mean always co-ownership.
Divided co-ownership NEW to code Economic reason. Importance of DECLARATION of
divided co-ownership. DESTINATION of immovable (personality of immovable you cannot
change it residential / commercial.. daycare/ animal condo case Bergeron, Amselem case).

Superficies whats the difference between servitude and superficies?

When you understand servitude dominant and servient land.
Superficies same thing dominant v servient land, but bottom of land and upper of land.
Superficies is full blown ownership. On a plantation, construction of something. You can get it
through renunciation of accession (can be tacit or express morin v gregoire; Lafontaine cut
wood superficies; Judge says there is superficies then says theres acquisitive prescription
WRONG). Judge says its K or acquisitive prescription or both but it can only be ONE.
Matamajaw Poopoo thinks its more of a modality of ownership not a servitude. Creation &
definition are different.
REMEMBER SUPERFICIES CAN BE WITH A TERM.
Servitudes
Tension between personal v. real servitudes. Judges mix it up.
Servitudes can be economically enclosed; created by law. Sometimes you say servitude but
really its just a personal right METRO CASE. It cannot be a servitude because there is no
dominant / servient land.
Personal servitude real right thats linked to person for the life of a person.
Numerus Clausus Matamajaw.
Timeshare** possibly exam question condo for 2 weeks a year in mexico. If you are the
owner it has to be a modulaty. Is it co-ownership with limit of time? Can you be perpetual for a
specific moment.
Substitution administrator of property of someone else but also owner.
Abbott conditional substitution. No substitution.
Stipulation of inalienability Robinovitch case. Because she modified what was inalienable its
now seizable.
Trust Royal trust v tucker ownership that is sui generis, because you are not benefitting at
all from ownership, now patrimony by appropriation. Parallel to ownership. New type of box.
Powers not rights
Administration for a purpose or a person.

Cantin says that if the trustee is the administrator of a property of another there has to be another
but in the CODE there is sometimes no beneficiary just a creation of patrimony. Usually when
theres a patrimony theres a person or holder. Trustee brings administrator of patrimony, he is
not a legal person (does not have personality rights). puts on new hat.
Partnership Collective ownership linked by K. Court says that it is just a creation of
another patrimony by appropriation (autonomous patrimony) that can go bankrupt by itself
without touching partners.
Aboriginal title Collective, inalienable, exclusive occupation, exclude others, inherent limits
(use it certain way), source is aboriginal law. Crown has title of land.