Exclusions from Property Flashcards (10 cards)

All cards

1Question

What does property concern, and what remains outside its scope?

Answer

Property concerns goods; persons and certain things remain outside its scope.

2Question

What capacity does legal personality confer?

Answer

The capacity to hold rights and be attributed obligations.

3Question

In property law, what role does a legal person occupy in the subject-object relationship?

Answer

The subject, not the object.

4Question

What do personality rights protect?

Answer

Elements of the human person, such as the body, image, voice, or private life.

5Question

Which bodily elements are appropriable from a human person?

Answer

Organs, tissues, cells, and bodily products such as hair, sperm, and breast milk.

6Question

What is the legal-commerce status of the human body as a whole and personal goods?

Answer

The body as a whole is outside legal commerce; personal goods are subject to highly restricted and regulated commerce.

7Question

Under Article 714(1) of the Civil Code, how are common things characterized?

Answer

They belong to no one by nature, and their use is common to all.

8Question

Which examples are traditionally treated as common things because they are useful but not scarce?

Answer

Running water, the high seas, air, and natural light.

9Question

What distinguishes human personality elements from elements of legal personality?

Answer

Human personality elements establish individual distinctiveness, while legal personality elements are common to all persons.

10Question

What is a person’s image?

Answer

Their visible appearance, detachable through modern capture techniques.

Test yourself with the quiz

Answer 11 questions on Exclusions from Property.

1. A buyer claims to own another individual as an object of property, while also owning that individual’s bicycle. Which assessment best reflects the boundary of property?

2. Which statement best describes the scope of property in relation to persons and things?

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