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Res Vinta in Roman Law

Started by MikeLigalig.com, November 14, 2019, 01:22:56 PM

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Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated there from without breaking the material or deterioration of the object. (called Res Vinta in Roman Law)

■   Under this paragraph, for the incorporated thing to be considered real property, the injury or breakage or deterioration in case of separation, must be substantial. Examples:
o   A fixed fire escape stairway firmly embedded on the walls of the house;
o   an aqueduct;
o   a sewer
o   a well
■   If the thing incorporated is temporarily removed with the intention to replace the same, the thing is considered as personal property because the incorporation had ceased.
■The material fact of incorporation or separation is what determines the condition of the tenement; it recovers its conditions as movables, irrespective of the intention of the owner.

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