Чернов Сергей Витальевич
Москва, ул. 7-ая Парковая, д. 24 офис 413
метро Щелковская и Первомайская
Гражданский кодекс Албании.
Civil code of the republic of Albania.
OUTLINE OF CONTENTS
FIRST PART
BOOK ONE - General Part
Title 1 Subjects ( persons/entities affected) Chap I Natural Persons (Articles 1-23) Chap II Legal Entities (24-63)
Title 2 Representation (Agency) Chap I Agency Relationships - Types (64-78)
Title 3 Legal Transactions (Contracts) (79-111)
Title 4 Prescription (Laches, Statutes of Limitations, Adverse Possession) (112-140)
SECOND PART (Pjesa e Dyte)
BOOK TWO - Ownership and Property
Title 1 Definitions of Property (141-148)
- Immovable and Movable Property
- Natural power resources
- Rights relating to immovable and movable property
- Registration (recording) of property title
- Fixtures (appurtenances) - definition
- Fixtures - transactions in
7. Property to be severed from Realty "natural fruits" = goods "civil fruits" = rents
8. Ownership of property severed from Realty
Title 2 Ownership (149-198) Chap I General Provisions (149-161)
-use and enjoyment
-who may own -not to harm others
-taking for public use
-surface subsurface and air rights Chap II Acquisition and Loss of Ownership (162-191) Chap III Registration of Real Estate (192-198)
Title 3 Co-ownership (199-231) Chap I Partial co-ownership (199-208) Chap II Complete co-ownership (209-231)
Title 4 Usufruct (Rights to beneficial possessions of non-owned property) (232Chap I General Provisions (232-236) Chap II Rights of Parties (237-245) Chap III Obligations of Parties (246-254) Chap IV Termination
Title 5 Usage and Habitation Rights (539) (family needs and dwelling)
Title 6 Servitudes (Easements) (539-544) Chap I General Provisions (539) Chap II Compulsory Servitudes (539-542) Chap III Voluntary Servitudes (542-543) Chap IV Operation and Protection of Servitudes (543-544) Chap V Extinguishment of servitudes (544)
Title 7 Remedies for ownership (544-546)
Title 8 Beneficial Possession (546-548) Chap I General Provisions (546-547) Chap II Remedies for Beneficial Possession and Maintenance (547-548)
THIRD PART (Pjesa e Trete)
BOOK THREE - Inheritance
Title 1 General Provisions (548-554)
Title 2 Intestacy (554-555)
Title 3 Testamentary Dispositions (556-562) FOURTH PART (Pjesa e Katert)
BOOK FOUR - Obligations
Title 1 General Provisions (562-568) Chap I Definition and Creation of obligations (562-563) Chap II Joint Obligations (563-565) Chap III Alternative Obligations (565-566) Chap IV Divisible and Indivisible Obligations (566-567) Chap V Pecuniary Obligations (567-568)
Title 2 Performance and Satisfaction of Obligations Chap I Performance of obligations (568-571) Chap II Effect of Non-Performance of obligations (571-574) Chap III Assignment and subrogation (575-576) Chap IV Satisfaction of obligation (576-579)
Title 3 Remedies for Non-Performance Chap I General Provision (579-581) Chap II Penalty Clauses (581) Chap III Pledges (581-583) Chap IV Mortgages Chap V Suretyship (guarantees) Chap VI Creditois Remedies
Title 4 Torts Chap I General Provisions Chap II Product Liability Chap III Damages
Title 5 Managements of the Affairs of Others
Title 6 Payments by Mistake
Title 7 Unjust Enrichment
FIFTH PART (Pjesa e peste)
BOOK FIVE - Contracts
Title 1 Contracts in General
Chap I General Provisions
(definition and requirements for contractual validity)
Chap II Interpretation of Contracts
Chap III Binding Effects of Contracts
Title 2 Types of Contracts
Chap I Sales
Chap II Barter
Chap III Gifts
Chap IV Requirements (Supply)
Chap V Emphyteusis (Enfiteoza) Landed Estate Leases
Chap VI Leases
Chap VII Personal Service Contracts
Chap VIII Transportation
Chap IX Borrowing/Lending
Chap X Powers of Attorney
Chap XI Undisclosed Principals
Chap XII Freight Agents
Chap XIII Agency
Chap XIV Composition Agreements/Creditors
Chap XV Brokers
Chap XVI Bailments
Chap XVII Account stated
Chap XVIII Bank Deposits (cash or securities)
Chap XIX Loan agreements
Chap XX Amuity Contracts
Chap XXI Franchising
Chap XXII Simple Partnerships
Article 1
 SUBJECTS OF THE CIVIL RIGHTS |
Every physical person enjoys full and equal capacity in order to have civil rights and obligations, within the limits defined by the law.
Article 2
Juridical capacity is acquired at the time the person is born alive and ends with his death. When the child is born alive, it enjoys judicial capacity from the time of the pregnancy.
Article 3
The foreigners acquire the same rights and obligations as those recognized to the Albanian citizens, besides exceptions provided by the law.
Article 4
Civil rights of a physical person can not be limited, except exclusions provided by law. The juridical action that places limits to the legal capacity of a physical person is invalid.
B. The right of name
Article 5
Every physical person has the right and obligation to have his name and surname, which are put according to the law. The person, to whom their use is negated or intruded by the unjust use the others made of his name, may demand from the court the use of his name or surname, end of the intrusion and re-compensation of the respective damages made to him.
This demand may be represented even from persons who although do not keep the name or surname which is intruded or unjustly used, have familiar interests worthy to be protected.
The court, when accepts the suit, orders the publication of the decision in the Official Gazette. Upon the request of the plaintiff, the court may order the publication of its decision even in other newspapers. The pseudonym used by the physical persons enjoys the same protection.
C. The capacity to act
Article 6
The person who reaches eighteen years old wins the full rights so that by his acts he gains rights and holds civil obligations.
The full capacity to act is gained through marriage by the wife who has not reached the age of eighteen years. She does not loose this capacity even when the marriage is declared invalid or divorced before reaching the age of eighteen years old.
Article 7
The infant, who has not reached fourteen years old, can perform legal actions by the previous approval of his or her legal representative. However, he can be member of social organization, posses everything he gains by his work, to deposit his savings and to posses these deposits himself.
Article 8
The infant, who has not reached fourteen years old, has no capacity to act. He can perform legal transactions that are suitable for his age and are fulfilled at instance, as well as legal transactions that bring benefits without any compensation. Other juridical transactions are performed on his behalf by his legal representative.
Article 9
The infant of fourteen to eighteen years who is unable to carry out his own affairs because of psychic diseases or mental illness is deprived of the capacity to perform legal transactions a court decision. These transactions can be performed through his legal representative.
Article 10
The full of age person who completely or partly has not the capacity to care for his own affairs because of a physic disease or mental illness can be deprived of or there can be placed limits to the capacity to perform legal transactions by the decision of court.
Article 11
The juridical transaction that limits the capacity to act is not valid.
C. Residence and Reside-place
Article 12
Habitation is the place where a person because of his work or permanent service, his property assent or fulfillment of his interests, stays usually or for the most pert of the time.
Every full of age person has the right to decide freely for his residence. The person can not possess at the same time more than one residence. This provision is not applied for the residence of the activity of a businessman.
Article 13
The infant who has not reached the age of fourteen years has for residence that of his parents.
When parents possess several residences, their child under fourteen years has for residence the one of the parent he lives with.
The person to whom capacity to act is deprived and the children are under patronage, the last ones have for residence that of their legal representative.
Article 14
The residing place is the place where the person performs a work or other defined duties, to attend a respective school or course, to be given health care, to suffer a criminal sentence and other cases of this nature.
D. The announcement of disappearance and the death of a person.
Article 15
The person who has disappeared from his residence or his last residing place and for whom there is no news for more than two years, then by the demand of any interested person he can be declared a disappeared person by the decision of the court.
When the date of the last news can not be decided, the above mentioned term starts from the date of successor month during which is informed for the last time. When the month can be not decided, then the term begins from January 1 of the following year.
Article 16
With the announcement of disappearance of a person there is appointed a tutor for the administration of the property.
The decision of the court by which a person is declared disappeared is published in the Official Gazette and is sent for registration to the respective registry office.
Article 17
The person who is declared disappeared, with the demand of every interested person can be declared a dead person by the decision of the court when four years have passed without news from the date when he is declared disappeared.
Article 18
The person missing in military action and this missing is verified by the competent military organs, in case when there have passed two years without news from the date when the agreement of peace has entered into force or three years from the end of military actions, then he can be declared dead by the decision of the court, without declaring him disappeared in advance.
Article 19
The person missing during a natural disaster or in circumstances which make believe he is dead can be declared dead by the decision of court when there have passed two years without news from the date of disaster, without declaring him disappeared in advance.
When the date of disaster has not been decided, the two year term starts from date 1 of the month which comes after the one when disaster has taken place, and when even the month can not be decided, then the term starts from date 1 January of following year.
Article 20
When two or more persons have died and it can be not proved as to who died first, then for legal effect they are considered to have died at the same time.
Article 21
When the death of a disappeared person is declare, there is decided the date when it happened. When this date can not be exactly verified, the court decides it according to the rules provided by the articles of this code.
Upon the demand of every interested persons, the court which has given the decision can change the date of death when there is verified that the person has died in another date.
Article 22
The death announced by the decision of the court is equal to all legal consequences of the real death.
The decision of the court in which a person is declared dead is published in the Official Book and is sent for registration to the respective registry office.
Article 23
When the person declared dead happens to be alive, by his or every interested person demand, the decision is renounced by the court which has issued it.
The person who is alive has the right to demand his property and the property gained by its means, even from third persons to whom this property has passed because of the death announcement, within the limits and conditions provided by this code or family code.
CHAPTER II JURIDICAL PERSONS
A. General Provisions
Content of juridical personality
Article 24
Juridical personalities are public and private.
Article 25
Public juridical personalities are the state institutions and enterprises which are self financed or from the budget of state, as well as other public institutions considered by the law as juridical personality. State establishments and institutions, which do not follow economic purposes are not registered.
Article 26
Private juridical personalities are the associations, organizations, foundations, companies and other establishments of private character which acquire juridical personality in the way provided by law.
Name of juridical personality Article 27
The juridical personality has its own full and abbreviated name. The name of every company or other organization is its firm which especially must express the intention of this activity.
The residence of legal entity Article 28
The residence of juridical personality is situated where its directing organ is, besides cases when it is differently provided for in the statute or establishment act.
The capacity of juridical personality Article 29
The juridical personality has the capacity to gain rights and to carry civil obligations from the moment of its establishment and, when law provides that it must be registered, from the moment of registration.
Article 30
The juridical personality can conduct any juridical action allowed by law, in the document of the establishment or in the statute.
Article 31
The juridical personality acts through its organs provided by law, in the document of the establishment or in the statute, which expresses its will. The legal transactions performed by the organs of juridical personality, within their competence, are considered as performed by the juridical personality itself. Liability of juridical personality
Article 32
The juridical personality is liable for the damages caused by its organs during the period of the fulfillment of their duties.
The legal entity is responsible for its obligations within limits of its property.
Persons who has acted with the quality of the organ of a juridical ersonality, have personal liability to re-compensate damages caused by their fault.
Article 33
The state and state juridical entities are not responsible for the obligations to each other, besides cases when it is accepted by them or expressively provided by law.
The termination of a juridical personality
Article 34
The juridical personality terminates according to the way defined in document of establishment, in the statute or law.
Article35
With the termination, the legal entity stops its activity and is put under liquidation.
Article36
The exceed of rights and obligations in case of termination of legal entity, for which is required registratio, brings consequences from the time of registration.
When is not required registration, the exceed of rights and obligations in cases foreseen by the above mentioned paragraphe, brings consequences from time of approvement of the respective balance-sheet, at the way foreseen by law, from the respective organ which has established it or in atatute.
Liquidation of legal entity
Article 37
The liquidation of legal entity is done by the fulfilment of rights and payment of obligatins from the comission of liquidation, decided by the organ which has decided its termination. The commision makes the liquidation in conformity with legal provisions, statute or instrument of incorporation.
Article 38
When the legal entity terminates because of illegal activity, the remaining property after the liquidation goes to state.
The liquidation of the legal entity that has been bankcrupt is regulated by law.
B. Associations
Establishment of Associations
Article 39
Associations are social organizations that pursue political, scientific, cultural, religious, charitable, or any other non-profit goals.
Article 40
The will of the founding members is expressed in the statute of the association, which must be in writing and must contain in particular:
a) the name and purpose of the association, its center, and territory where it will conduct its activity;
b) the conditions of admission and removal of members, as well as their obligations and rights;
c) the management organs of the association, the manner of their establishment, and their competencies;
ç) the terms, the manner of notification, and competencies of general meetings and the delegates;
d) the sources of funding, as well as the contributions and dues which are required from each member.
dh) the manner in which the statute is amended and the association is terminated.
Article 41
After a meeting of the founders has approved the statute and established its managing organ, the association must file a request for registration at the district court of the district where the association will center its activity.
The court checks statute for its conformity with law.
Article 42
The association is recognized as legal entity as of the date the competent court has approved and registered it. Until this date, the founders of the association may perform the acts that are necessary for its organization, such as summoning members, holding meetings of the founders, and establishing management organs.
Article 43
The associations can have their branches in those district, communes or cities where they have the number of members foreseen in their statute.
Organization of the Association
Article 44
The general meeting of the members, or their representatives, is the highest organ of association.
It is called by the managing organ in accordance with the respective provisions of the statute, and when it is demanded by 1/5 of its members.
Article 45
The general meeting decides upon the admission or expulsion of members and all other matters not specifically within the jurisdiction of any other organ of association.
In particular, it supervises the collection of income, the actions of the association, and the property of the association.
Article 46
All members of association have an equal vote in the general meeting.
Decisions are taken by the majority vote of the members present at the meeting. To amend the statute of the association, expel a member, or dissolve the association, at least 3/4 of the members must be present at the meeting, unless the statute provides otherwise..
Article 47
The management organ has the right to care for the interests of the association, to protect them, and to represent the association in conformity with the competencies provided in the statute.
Membership in the Association
Article 48
Candidates for membership, who fulfil the necessary conditions, may be admitted at any time.
The right to resign is guaranteed, however, notice of resignation must be presented at least six months before the end of the calendar year, or within the term specified by statute.
Article 49
The membership rights in an association cannot be alienated or transferred by inheritance.
Article 50
The members who have resigned or been expelled from the association have no right to the capital or basic property of the association. However, they do have the obligation to pay dues for the time period in which they were members of the association.
Article 51
Every member has the right to reject any decision of association which is contrary to law or the statute. Members have one month from the day they received notice of the decision to reject it.
Dissolution
Article 52
An association may be dissolved by the following:
a) a decision of a special session of the general meeting ;
b) the number of members falls below the number specified in the statute, or when its purpose is fulfilled, or it has become impossible to fulfill it;
c) the association becomes insolvent;
ç) a competent court decides that the association does not intend to fulfill the purposes specified in the statute or the association has started an illegal activity .
Article 53
When it is determined that an association should be dissolved, its registration is canceled, it ceases its activity, and it placed under liquidation by a commission of liquidation, which is established and acts according to the respective rules in force.
FOUNDATIONS
Manner of Formation
Article 54
The foundation is established to achieve a specific, socially beneficial purpose. Foundations may be established by physical persons (natural persons) and legal entities, both native and foreign. They are established by a notarized act or by a will.
Article 55
The founders register the statute of the foundation at the district court of the district where the foundation has its center.
The statute describes specifically the names of the founders, the purpose of the foundation, initial capital contributions (cash, vouchers, movable and immovable property), sources and methods of financing, management organs and their competencies, and the names of the administrators.
Article 56
A foundation has a legal personality as of the day of its registration. Foundations are prohibited from engaging in profitable activities.
Article 57
Prior to the registration or the start of the respective activity, the founders may cancel the statute of the foundation.
Heirs or creditors of the founders may object to the statute of the foundation.
Administration of the Foundation
Article 58
The statute of the foundation defines the organs of the foundation, their method of establishment, and their powers.
Every foundation exercises its activity based on the provisions of legislation in force and its statute.
Article 59
Foundations are supervised by the state institutions that are directly involved in their area of activity. These state institutions are specifically charged with ensuring that the monetary funds and other property of the foundation are employed in accordance with the purposes of the foundation. Article 60
The head of the supervising institution has the right to demand in the competent court that the decision of a foundation organ be annulled when it clearly contradicts the relevant purposes or legal provisions or the statute of the foundation.
The court can suspend the execution of this decision until the court renders a final decision.
Article 61
Property disagreements, to which the foundation is a party, are to be resolved in the competent court.
Article 62
A foundation is dissolved:
a) based on law, when the purpose for which it was established is fulfilled or can no longer be fulfilled;
b) by the decision of court when is verified that the foundation has started to engage in illegal or immoral activity;
The dissolution of a foundation can be sought by the head of the supervising institution or any other interested subject.
Article 63
For properties that remain following the dissolution of a foundation, at the request of the supervising institution or any other interested person, the court decides upon their disposition taking in consideration their uses and the main purpose for which the foundation was created.
TITLE II
PRESENTATION
CHAPTER I
ΑCONCEPTATION AND KINDS OF REPRESENTATION≅
CONCEPTATION AND RAPRESENTATION
Article 64
By the representation a person (representative) performs within the rights given by law, by proxy or court, legal transactions in the name and for the account of a physical person or legal entity, another one (thee represented). The representation is not permitted when the juridical transaction must be performed by the person himself, according to law. The person who has not full capacity to act can be not a representant.
The limits and consequences of representation
Article 65
The rights of representation, legal one, are defined by provisions of law which give this quality, while the right of represntant appointed by the represented person are defined by proxy. The rights of representation can be extracted even from the circumstances in which are performed the respective legal transactions.
Article 66
The legal transactions performed by the representant, within the given rights, create direct consequences for the represented person.
Article 67
The representant can not perform legal transactions on his or represented person=s name by himself or by other persons represented by him, beside cases when the represented person has allowed it expressively, or when the content of the legal transaction does not intrude his interests.
Article 68
When for the performance of a legal transaction are appointed two or more persons, each of them can perform it without the participation of the other representatives, wxcept when in proxy it is differently foreseen.
Article 69
The representative is obliged to act personally and he can appoint no vice, exept when it is allowed by the represented person, when the mentioned property in proxy is situated out of district where lives the representative,and when the appointment of vice is necessary for the protectin of the interests of the represented person. The representative must inform at once the represented person about the vice he has appointed, otherwise he is responsible for the acts of his vice. The vice can be drawn back at any time by the represented person or the representatice who has appointed him.
Representation by proxy
Article 70
Proxy is the document in which the represented person, by his free will, has defined the character and volume of rights given to the respective.
Article 71
The proxy is general when the represented person has given to the representative the rights to perform different legal transactions which have to do with the entirety of rights of the represented person, besides the ones which are expressively excluded by him. Proxy is special when the represented has given to representative the right to perform one or some defined legal transactions which are characterized by a common aim. The proxy is done always by official document.
Article 72
Every proxy to sign a contract, according to law can be done only by a notarial act, it must be compiled in this form, otherwise it is not valid. Even the proxy to perform the acts in court and other state institutions must be done by a noterial act, except when legal provisions allow it to be done by a simple official document. The proxy on the name of public or private legal entities can be done even by the signature of their director and the respective stample, except when law demands that the legal transaction must be done by a noterial act.
Article 73
The proxy to take post dispatches or money from post offices or banks, until an amount defined by them, the proxy to take wages and other recompensations sourcing from the labour relations, and also the proxy to take pensions, aids, stipends, can be verified even by: a) the administrator of the quarter or the village dignitary; b) the director of legal enity or its branch, where the represented person works or attends the school; c) the director of medical institution where is given health attendance to the represented person; d)the command of military unit where serves the represented person; dh)the director of the institution where the represented person is kept under arrest or suffers the condemn of imprisonment.
Article 74
Changes in proxy must known to third parties by the proper means. In absence of this information, these changes can not go against third parties, except when it is proved that they knew the changes in the proxy at the time when was performed the legal transaction.
Article 75
The represented person can abrogate the proxy (make it not valid) and the representative can draw back from it at any time. Every contrary agreement is not valid.
Termination of proxy
Article76
The proxy ends when: a) Representative has performed the legal transaction for which the proxy was given; b) Is fulfiled the term for which proxy was given; c) When has died the representative or the represented, or when one of them has lost the capacity to act; d) Has terminated the representive or the represented legal entity; dh) When the represented has abrogated proxy or the representative has withdrawn from it; After the termination of proxy the representative, with the demand of the represented, must give back to him the act of proxy.
Article 77
Representation after the changes or termination of proxy The legal transactions performed by the representative, after changes to proxy or after its termination, are obligatory for the represented or his heirs, in case when third parties with whom are performed the legal transactions were not informed of changes of proxy or termination of proxy.
Article 78 Representation without rights.
When a legal entity (juridical person) or physical person acts as representative without possessing this quality, and even when the representative has overcome rughts given to him, then the legal transaction performed in these conditions is not obligatory for the person on whose name are performed the acts, exept when he has approved it later. When the approvement is given, the third person who was in good will has the right to demand recompensation of the demages from the representative.
TITLE III LEGAL TRANSATIONS
CHAPTER I GENERAL PROVISIONS
DEFINITION OF LEGAL TRANSACTION
Article 79
The legal transaction is the legal expression of will of the physical person or legal entity, which aims to create, change or cease the civil rights and obligations. The legal transaction can be partial or bilateral.
Form of legal transaction.
Article 80
The legal transaction can be by hand writing, by speaking and any other undoubtful expression of will. The official document can be simple or notarial act.
Article 81
The legal transaction by official document must be signed by the person who performs it.
Article 82
The person who does not know, or because of diseases, or mental diseases can not sign, charges another person to do it. The signature of this person must be verified by the notary, explaining the reason for which the person has not signed himself the legal transaction performed by himself too. For the acts in the bank or other credit institutions, in the post or customary offices, the signature of this person is verified by an official authorized by these institutions.
Article 83
The legal transaction to transfer ownership of the immovable properties and the rights in rem over them, must be done by a notarial act and registered, otherwise it is not valid. It is not valid the legal transaction which is not done in the form expressively demanded by law. In other cases the legal transaction is valid but it can be not proved by witnesses.
Conditional legal transactions.
Article 84
The legal transaction is conditioned when the derivation or extinguishment of rights and obligations foreseen in it depends from the event which is not known if it would happen.
Article 85
The condition is of a suspense character when the rights and obligations derive if the event would happen. The condition is resolvable when the rights and obligations extinguish if the event would happen.
Article 86
When the verification of condition is prevented by bad faith from the party which would profit from the non verification, then the condition is considered verified. When the verification of condition is caused by bad faith from the party which would profit from its verification, then the condition is considered not varefied.
Article 87
When the right which depends from the verification of condition is intruded or lost because of acts of obligated party with condition, them it must recompensate the damage in case when the condition is verified.
Article 88
The consequences related to the verification of condition start from the moment when the condition is verified, except when from the content of legal transaction comes that these consequeces must start at a previous time.
Legal transaction by term
Article 89
The term of the legal transaction is the defined moment from which begins or extinguishes legal power or some of its effects.
Article 90
The term is suspensive when in the legal transaction there is foreseen that its consequences start from a defined moment. The term is resolvable when in the legal transaction is foreseen that its consequences extinguish at a defined moment.
Account of terms of the legal transactions.
Article 91
When there are decided the days of term it is not accounted the day when event took place or the time from which it must start. The term decided by weeks, months or years, ends by the termination of that day of last week or
month which has the same name or number with the day when it has started. When such a day lacks, then the term ends at the last day of the last month. When last daay of term is holiday the termends at the coming working date, after that of holiday.
CHAPTER II
In validity of legal transactions.
Article 92
The ivalid legal transaction do not create any legal consequence. Such ones are those which:
a) come clearly against an ordering provision of law; b) are performed to defraud the law; c) are performed by infants under age of fourteen; d) are done in agreement between parties without aiming to bring legal consequences (fictive or simulating);
Article 93
When a legal transaction is performed with the aim to cover another legal transaction, then the last one is valid if it fulfils all necessary conditions for its validity. The simulated or fictive does not harm third parties who at good faith have acquired rights based on it.
Article 94
Legal transactions declared as invalid Annuled are considered the legal transactions which are valid until the court, by the request of the interested, declares them invalid. Such ones are legal transactions performed by: a) Infants over age of fourteen, when the juridical transaction is performed without the assent of parent or tutor. b) Persons who because of mental diseases or defects have no capacity to act or it is taken off, when the legal transaction is performed by them without the assent of the protector. c)persons who at the moment of performance of the legal transaction were not conscient of importance of their acts, besides the fact that at that time there was not teken off the capacity to act. The annulment of these acts can be demanded even after the death of respective person, but only when before deth was demanded the abolitio of the capacity to act. D) person who has committed a legal transaction beeing defrauded, threatened, who has mistaken or because of great necessity.
Article 95
The defraud cuses the declaration as invalid of a legal transaction, when the life of one part to bring the other party fall into error is as important as to perform the juridical transaction by it When defraud is committed by third party, the defrauded party can demand the invalidity of legal transaction only when at the moment of its commitment the other party was informed or would have to be informed of the defraud.
Article 96
The threa brings the declaration of legal transaction as invalid, when it consists on grave and unjust physical and material harm and damage to spouse, forerunnerrs and succesors of family. The threa can be performed by a third party who does not take part in the legal transaction.
Article 97
The error (to go out of one=s wits) can cause the declaration as invalid of legal transaction only when it is related to quality of thing, identity or quality of the other person or circumstances as assencial as without them the party would have not performed the legal transaction.
Article 98
The error in the account does not bring the declaration as invalid of the legal transaction, but it brings only its correction, except when the error in its volume has been decisive for this agreement.
Article 99
The legal transaction can be declared invalid in the case when because of the great necessity,the obligations of one party are regardless compared with the profits the other party gains from the legal transaction.
Article 100
The legal transaction performed by the representative can be declared as invalid by the demand of the represented person when there is a vicious character in the will of the representative.When the vice has to do with elements defined by the represented person, the legal transaction can be declared as invalid only when under vice was the will of the last one.
Article 101
When in the legal transaction is important the definition bad or good faith, conscience or incosciece of certain circumstances which consist in valid or invalid decisive conditions of the legal transaction, there is kept in consideration the person of representative, except when it is about the circumstances defined by the represented.
Article 102
Legal transaction committed against the represented because of a bad faith agreement between the representetive and third party can be declared as invalid for the represented.
Article 103
The action to demand the invalidity of a legal transaction is prescripted within five years.
Article 104
The term to bring an action starts:
a) for legal transaction performed by persons without legal capacity or limited capacity to act, since the day they are full of age or when was given back the capacity to act; b) for legal transaction performed under defraud, threat or error, from the day when defraud or error was revealed, or the threat has ended, but for for any case not more than three years from the day when was performed the legal transaction; c) for the other cases, from the day when the legal transaction was performed.
Article 105
The legal transaction declared as invalid is considered as such from the moment it was performed.
Consequences of invalidity of the legal transaction.
Article 106
When the legal transaction is invalid because of reason that it comes against the law, or it is done with the aim to defraud the law, everything parties has given to each other will pass into the incomes of state and when it is not possible to get the proper, then there is demanded its value. When one of parties has transacted in good faith, the court can decide the return of things given by this party and when it is not possible there must be paid its value.
Article 107
When the legal transaction is declared invalid because of its performance by defraud, threaten, great necessity or because there lacks the form required by the law, each party must give back to the other party everything taken and when it is not possible to return the proper thng, then there must be paid the value of it.
Article108
When legal transaction is ascertined to be invalid because it is performed by an infant who has not accomplished the age of fourteen or is declared invalid because it is performed by an infant who has accomplished the age of fourteen but without the consent of parent or tutor, each of the parties is obligated to return back averything taken from the other, and when it is not possible, then there must be paid the value. Beside this the party which has the capacity to act is obligated to recompensate the damage to the infant which is caused to him because the legal transaction is ascertained to be or is declared invalid.
Article 109
When the legal transaction is declared invalid because it is performed by a person to whom is completely taken off the capacity to act or because it is performed by a person with limited capacity to act without the consent of his protector, or because it is performed by person without having the coscience of importnce of his acts, each is obligated to return back everything taken from the other one and when its not possible to return the proper thing then there must be paid its value. Besides this the party which had the capacity to act is obligated to give back to other party the demage it has undergone because of the legal transaction which is declared invalid, in case when it was informed or could have been informed that the other side had no capacity to act or had no conscience of importance of its acts.
Article 110
When the legal transaction is declar3d invalid because one of the parties was in error, each of the parties is obligated to return back everything they have taken from each other and when there is not possibitity to return the proper thing then it must be paid. Beside this the party which has demanded the invalidity of legal transactions is obligated to recompensate the damage to the other party it has undergone because of the declaration of legal transaction as invalid, except the case when it proves that it has not fault for the fall into error or that the other party was informed or would have been infomed of the error.
Article 111
When the cause of invalidity influences only a part of legal transaction, this remains valid for the other parts, besides when according to the content of legal transaction these parts represent indivisible relation with the invalid part of the legal transaction.
TITLE IV PRESCRIPTION OF ACTION AND DECADENCE OF RIGHTS CHAPTER I GENERAL PROVISIONS
Article 112
The right of action which is not exercised within the term defined by law extinguishes and can be not fulfiled any more through another court or competet organ.
Article 113
There are not prescribed:
- action to resettle or to protect a not property personal right, except excludings which are defined by law; b) action for the proportion between joint - owners; c) action to take back the amounts deposed in the bank; d) other actions foreseen by special provisions; There are not prescribed even the demand for the obligatory execution of decisions linked with the action, for which is not applicated the prescription.
Terms of prescription
Article 114
When it is not differently foreseen by the law, there are prescribe all actions between legal entities within ten years, betwen them and physical persons and also between the physical persons.
Article 115
There it is not prescribed within terms of:
a) six months are actions for the payment of fines assessing penal conditions; b) one year are actions deriving from the contracts of spedition; c) six months are actions deriving fromthe direct transport of goods and travellers by railway, autoveicles or airplanes and the mixt ones. d) two years are actions for the oayment of recompensations after the insurance and reinsurance contracts and the respective amount deriving from the obligatory insurance; dh) three years are actions for payment of rent of appartments, shops, bars and other immovable properties; e) three years are actions for payment of non contractual damage and the actionsfor for the return of property profit without rights;
Other actions are prescribed within specialdefined term in this code or in other laws.
Article 116 It is invalid the agreement of parties to change terms of prescription and any other aprovision of this chapter.
Article 117 Term of prescription starts from the day when the subject acquires the right to bring into action.
Article 118 In the contractual obligations signed under a term of execution, the prescription of the action starts from the daw when this term is over. When the obligation consists on periodical payments, for each of them the term of prescription starts in a special manner. For contractual obligations without terms and for the obligations which are executed with the request of creditor, the term of prescription starts from the day when the obligation was on.
Article 119 For the demand of the thing, the prescription of action starts from the day when the owner was informed or must have been informed of the defrraud and the defrauder of his right.
Article 120
For the demand of recompensation of non contractual damage the prescription of action starts from the day when the harmed person was informed or must have been informed of the damage he received or the person who has caused it.
Article 121 For the return of amount of moneyor or thing saved or profited without reason, the prescription of action starts from the day when the damage ed person was informed or must have been informed of the saving or profit without reason which is fulfiled by the respective person.
Article 122 For the demand of inheritance the prescription of action starts from the day when the inheritage is opened.
Aticle 123 For actions of return (regresive) the prescription of action starts from the day when the one who has bring to action has paid voluntarily, on basis of a legal or contractual obligation, to third person the amount of money or value of thing demanded by this action, because of fault of person who has received the action, or from the day when is given the decision of court or the respective arbitrage from which has derived the action of regres.
Article 124 The prescription of action for the main demand brings the prescription of other actions deriving from it, despite the fact that for these is not terminated the respective term.
Article 125 The completed prescription is not taken in consideration from the court or the other competent organ on their inisiative, but only with the demand of the interested party.
Article 126 The withdrawal from prescription is allowed only when is fulfiled its term.
Article 127 The pretention that term of prescription is fulfiled can be exercised even by the creditors and any one interested, in cases when the respective party has exercised it itself.
Article 128 The debtor who has fulfiled his obligations after the completely of prescription can not demand the return of the amount of money or thing, given by him voluntarily, even if he did not know that the term of prescription was fulfiled.
CHAPTER II SUSPENSION AND INTERUPTION OF PRESCRIPTION Suspension of prescription.
Article 129
The prescription is suspend:
a) between spouses until the day when is given the peremtory verdict by which is dissoluted the marriage;
b) between children and parents until the last ones exercise the right of parent;
c) between persons who are under protectorship and protectors until the protectorship ends; d) for actions of persons, whose property is put under administration against the respective administrate appointed by the court or any other competent organ of state, until there is approved the final report of accounts;
dh) for actions of infants and other persons, who have no capacity to act until the appointment of their representative or until they acqyire this capacity, and also for six months after the daw when is appointed their representative or they have acquired the capacity to act.
e) for actions of legal entity against his administrators until they continue to work beside him.
f) for action with the object of respective recompensation, deriving from bad helth or death, the suspension of prescription starts from the day when is represented the demand to the atate social insurance organs until the day when is fixed the pension or is refuse the demand. g) when it has major power.
Article 130 The period of suspension is not taken into the account of the term of prescription. When after the extinguishment of the reason of suspense, the remaining time for the comletement of prescription is less than six months, then it is prolonged until six months.
The interruption of prescription
Article 131
The prescription is interrupted: a) by any act of the obligated legal entity or physical person which expresses the exact and full recognition of the right of creditor. b) by the representation of action, counter action or rejection even to a court or arbitrage which is not competent from the subject and territorial point of view for the exemination of the question. c) by any act which puts the debtor in retardiness.
d) by the representation of demand for the obligatory execution of legal decision or any other executive title.
Article 132 The interrupted prescription, against one of the sulidary partners or one of the spouses, of an indivisible obligation, is extended even towards each of these other debtors.
Article 133 The interrupted prescription against the main debtor is extended even towards the respective custodian.
Article 134 The pased period before there was verified the interrupting reason is not accounted and after the extinguishment starts a new prescription term.
Article 135
When the interaption of prescription comes because there is presented an action or counteraction, then the new prescription term starts from the day when is given the perentory verdict by which is solced the question in its essentiality. When there is decided the withdrawal of action without solving the question in its essentialy, or the judgement of not considered interrupted.
The account of prescription terms
Article 136
The term of the prescription of action, which is decided in weeks, months or years ends by the end of the day of the last month and year of the same name and number with those of the day in which the term has started, and when such a day is lacking at the last month, then the term ends by the last day of this month. When the last day of the prescription term is holiday, the coming day is taken in consideration.
CHAPTER II
PRECLUVISITY (Decadence)
Article 137
When a right must be exercised within a preclusive term there are not applicated the provisions which regulate the interruption of prescription. Also there are not applicated the suspansive reasons except excludingly cases when the law itself permits the suspension of preclusive term.
Article 138
There is not valid any agreement in which are decided preclusive terms, which make very difficult for one party to exercise their respective right.
Article 139
The parties can not change the legal orderings which regulate the precluvisity and can not renounce from the completed preclusive completed term when this term is decided by special legal provisions.
Article 140
The completed preclusive term is taken to consideration from the court or arbitrage by their own inisiative, even if it is not demanded from the interested party.
PART TWO "OBJECTS AND OWNERSHIP" TITLE I OBJECTS
Article 141
Juridical definition of objects
An object is everything that can be owned or other real rights.
Types of objects
Article 142
Objects are movable and immovable.
Immovable objects are the land, the water sources and running water, trees, buildings, other floating buildings, attached to land and anything which is affixed permanently and continuously to the land or buildings.
All other objects, including any type of natural energy sources, are movable objects.
Article 143
The provisions which are applied to immovable objects will also be applied to real rights pertaining to immovable objects, as well as respective indictments, except when otherwise foreseen by law.
Provisions which are applied to movable objects will also be applied for all other rights.
Article 144
Registration of Objects
Immovable objects and the real rights will be registered in the immovable property registries.
Even movable objects will be registered if required explicitly by law.
Fruits/Products of Objects
Article 145
Natural fruits of a object are the products taken from it.
Up to the moment which these products are separated from the property, they are component parts of it.
Civil products come from the objects as a result of enjoying the rights which persons have over that object.
Civil products will be gained based on length of time the owner has these rights and from the time of requesting these rights.
Component Parts of an Object
Article 146
The component part of an object is anything attached to that object which cannot be separated from it without causing essential damage.
Accessory Objects
Article 147
Accessory objects are those movable objects which are intended to serve in a permanent manner to a principal object, or to improve its appearance.
This intended use will be defined by the owner of the principal object or by the a person who has real rights over that object.
Article 148
Every possession of the principal object also includes its accessories, except when otherwise foreseen.
The accessories can also be an object of separate possession.
The accessory does not lose this feature in the cases when it is temporarily separated from the principal object.
TITLE II "OWNERSHIP" Chapter 1 General Provisions The contents of ownership
Article 149
Ownership is the right to enjoy and to possess objects freely, within the provisions of the law.
Ownership of the component parts of the object
Article 150 The owner of an object is the owner of the component parts of that property also.
Ownership of the fruits of the object
Article 151
The natural fruits produced from the objects belong to the owner of the object, except in cases when the ownership of the fruits is passed to others. In this case, the ownership of the products will be gained after the separation of the products from the object.
The person who takes the fruits must within the value of those fruits repay the costs of production and gathering of those fruits.
Pertaining to the objects
Article 152
Objects can belong to physical persons, juridical persons or the state. Types of public property are decided by law.
The rights and obligations of the owner
Article 153
Nobody can be deprived fully or partly of the ownership of their object, except when that property is required for legal public needs, and always with full and preliminary compensation.
Article 154
The right of ownership of land is extended into the sky and into the earth as is profitable for its use, within the conditions foreseen by the law.
Article 155
The owner of land, after first asking the neighbour to cut the branches and roots of the trees which extend into his land, has the right to cut them himself if they cause him damage, and even to gather the fruits of the trees and use them for his own benefit.
The fruits which fall from the trees onto the land belong to the owner of the land where they have fallen.
Article 156
The owner of land which is neighbouring on a stream or public source of water, has the right to use it as long as he does not damage the interests of owners of other land, except when the use is arranged by special provisions.
Article 157
The owner of land can at any time ask the owner of neighbouring land that, with shared expenses, they put along the boundaries of the land visible marks or to fix them when they are damaged.
When the boundary between two objects is not clear and when the owners will not define the boundary themselves, each of them have the right to ask the court to determine the boundary.
Article 158
When trees and brush is planted near the boundary of objects, the owners are obliged to keep the distances defined by special legal provisions and when such provisions do not exist, by the customs of the area, except in case the neighbouring owners have permitted the planting of brush or trees themselves or when the boundary is along a public road or stream of water.
In the absence of these rules, the distances are three meters for large trees and two meters for other trees.
These distances will not be applied for trees and brush the height of which is not above the wall between the objects.
Article 159
The owner is free to use his object without damaging the rights of other persons within the provisions defined by the law or by acceptable customs. He must not cause disturbance to such neighbours, such as noise, vibration, smoke, heat, steam, or other similar distributions, or to hinder the enjoyment of their properties, changing the running, the amount or the quality of the water which flows through his land, or the underground water, as well as to use the water which connect freely with the water of lands of others, except when these disturbances do not exceed what is usual.
The owner in the process of exercising his rights is obliged to take measures for the protection and preservation of the environment for the district.
Article 160
The owners must obey the rules defined in the territorial regulation plans or in special provisions, for constructing new buildings, reconstructing or changing them, the distances between buildings, for putting in windows, wells, holes in the ground, and other works of this nature.
Article 161
The owner is obliged to gather the waters which flow from the eves of the house, in such a way that they do not drop on the land of others. The spilling of this water in a public stream can be done when it is not prohibited by the rules by the competent authorities.
The owner is obliged to take care that the waters and garbage which originate in his land do not spill onto the channels or the land of others, except when there is an mutual agreement to the contrary.
CHAPTER II
ACQUISITION AND LOSS OF PROPERTY
Article 162
The right of property and other rights to objects, are transferable, except when prohibited by law or by the nature of the right.
Ways of acquiring property
Article 163
Property is acquired through ways defined in this Code and other ways as defined in specific legislation.
Acquisition of property by contract
Article 164
Property is acquired by contract, without being necessary to release the object. For the objects which are defined by number, weight or by mass, a release is required.
Acquisition of property by inheritance
Article 165
Acquisition of property by inheritance occurs according to the conditions expressed in the dispositions of the third part of this Code.
Acquisition by good faith of movable objects
Article 166
The person who on the basis of a legal action for the passing of ownership has acquired against payment with good faith a movable object, becomes the owner of this object even if the first party was not the owner.
Although the acquirer, even with good faith, does not become the owner of the object when this object is stolen.
The acquirer with good faith becomes the owner of money or valuable paper as the receiver, even though they were stolen or lost by the original owner or juridical person.
The above dispositions are not applied for movable objects which are recorded in the public registers.
The property is acquired free of the rights of others over the object, in case that these rights have not derived from the title and from good faith of the acquirer.
Article 167
In case that the property of the movable objects has been passed by contract of several persons, the person becomes owner who has obtained the possession of the object in good faith, even though the contract is of a later date.
Successful prescription
Article 168
The person who acquires an object in good faith, based on a juridical action for passing of ownership and is not forbidden by law, becomes the owner of this object, after continuous possession for five years when the object is movable, and 10 years when the object is immovable.
When the possession is not in good faith, the time required for uninterrupted possession is double.
The possession is considered continuous even when the acquirer of the object has given the possession to another person.
An object of public property cannot be acquired by prescription.
Article 169
The person who has possessed quietly and continuously, and with the belief of being the owner for 20 years, an immovable property, will become the owner.
Registration of objects acquired by prescription
Article 170
The person who has acquired an immovable object by prescription has the right to present a legal demand against the previous person or his heirs for recognising his sole ownership and, based on the court decision, to request the registration of the object by the competent state agency.
The suspension and interruption of successful prescription
Article 171
The dispositions for suspending and interrupting the prescription legal demand are applicable even for the successful prescription claim.
Gaining property through prescription is terminated by losing possession. It is not called termination when the possessor enters again into possession within six months or even later through a legal demand presented within six months.
Objects without owner
Article 172
Objects without owner are those which do not have an owner or whose owner has rejected the ownership.
The objects without owner belong to the state. The transfer into the ownership of the state is done by the decision of the competent court.
Acquisition of ownership by unification, mixing and elaboration
Article 173
The plantings, and also buildings and every other work which are on or under the surface of the land, belong to the owner of the land, unless defined differently in this Code and of dispositions of other legislation.
Article 174
The owner of the land who has constructed other works and planted with material owned by others, is obliged to pay their value, in the case that their separation or returning it is not requested when this can be done without causing great destruction to the constructed items or plants.
When the separation of materials is possible and the owner of land has acted in bad faith, he has to pay to the owner of the materials the value of the damages caused.
Article 175
When the constructions and other works and plantations have been done by a third person with his own materials on the land of another owner, the owner has the right to keep them or to oblige the person responsible with his own expenses, and in certain cases to compensate for damages caused.
When the owner of the land agrees to keep the them, he is obliged to pay for the value of the materials and the work or the increase in the value of the property.
The owner of the land cannot require the removal of the buildings and plantations already completed when they have been done with his knowledge, or through good faith by the third person, as well as in the case where there have passed six months from the date when the owner has been informed of these constructions or plantations.
When through good faith a building has been built on the land of another and its value is more than the value of the land, the person who has build the building can be recognised as owner even of the land, by decision of the competent court.
Article 176
When two or more movable objects which belong to different owners are unified or mixed into a unique object and cannot be separated without causing an essential damage to each other or when the separation requires exaggerated work and expenses, the owners of each object become co-owners of the new object, proportionally with the value of the parts of the object they had at the moment of their unification or their mixing.
When a movable object is unified or mixed with another in such a way that it can be seen as an accessory part of it, the new object belongs to the owner of the main part, who is obliged to pay the respective value, when it is required to pay any damage caused.
Acquisition of ownership through elaboration
Article 177
When a person by his work has created a new movable object using the raw materials belonging to another person, independent of whether the raw material can be transformed back to its original state becomes the owner of the new object if the value of the work is larger than the value of the raw material, with the condition that he pays its value.
In the contrary case, the new object is acquired by the owner of the raw material by paying the value of the work.
When the elaborator has acted in bad faith, by decision of the court, the new object passes to the owner of the raw material even in the case when the value of the work is more than that of the raw material, but by paying the value of the latter.
Unification of land through sedimentation
Article 178
The filling with earth of land and addition of land that are formed in a natural manner
along the banks of rivers and streams, belong to the owner of the land, except when defined differently by law.
Land which is created by the flow of water
Article 179
The land which is created by the flow of water, land that is taken in a natural way from one bank and moves to the other bank, belongs to the owner of the land to which it becomes connected.
Lands created in the river bed
Article 180
Islands and filling of earth that are created in the river bed are public property. Article 181
When a river or stream changes its course leaving the old one, the land liberated is the property of the owners of the both banks of the river or creek, which are divided in the middle of the old course according to the width.
LOST OR FOUND OBJECTS
Notification that they have been found
Article 182
The person who has found a lost object, including all living things separated from others of their kind, is obliged to inform immediately the owner or the person who has lost the object, and when that person is unknown, to deliver the object to the Municipality or Commune, in the territory where the object was found.
The Municipality or Commune is obliged to announce immediately that the object was found.
The acquisition of the object and paying of expenses
Article 183
The owner or the person who has lost the object, has the right to request it within six months from the day of the announcement of it being found in the respective Municipality or Commune, after having paid the expenses incurred for keeping the object and the reward for the person who has found the object of 10% of the value of the object, or the price to acquire it, when according to the circumstances, its sale has been necessary.
When there are disputes about the value of the object, the issue is decided by the court.
The Municipality or Commune can permit the provisional keeping of the found object by the person who found it, to whom will be paid the expenses for keeping the object.
The lost objects must be kept and maintained with the required care.
Acquiring ownership by the person who has found the object
Article 184
When the owner or the person who has lost the object does not come to get the object within the time limits defined in Article 185, this object or the sale price of it will be transferred in ownership to the person who has found it, who will pay the expenses of keeping it.
Objects found in public places
Article 185
The objects found in private or public places or in vehicles, must be immediately given to the administration of the place or vehicle where found, and this administrative unit will keep them for three days. When the owner or the person who has lost that object does not go to that administrative unit, then the unit will deliver it to the corresponding Municipality or Commune.
Treasure
Article 186
Treasure is defined as any valuable thing, which seems clear to have been underground or hidden for a long time and for which the owner cannot be found.
The treasure belongs to the owner of the moveable or immovable object where the treasure is found, except for the case of objects with scientific, cultural, archaeological, etc. value which are defined in Article 187 of this Code.
The person who finds the treasure, has the right to a reasonable reward which cannot exceed half of the value of the treasure.
State Ownership of Certain Types of Moveable Objects
Article 187
The movable things, with cultural, historical, archaeological, ethnographic value, as well as rare natural things with scientific importance which are found, taken, or extracted from the ground or from water will be owned by the state.
The owner, in whose property such things are found, is obliged to allow the digging, getting a payment for the damage done to his property.
The person who has found such things, has the right to get a reasonable reward from the state.
Acquiring ownership through possession
Article 188
Ownership over abandoned movable objects, as well as over wildlife, fowl, fish, wild fruit, and over movable natural things, can be acquired through possession, in special conditions defined by law, or by special provisions.
Swarm of Bees
Article 189
The owner of a swarm of bees has the right to follow the swarm and retrieve it from the land of another person, paying him for any damages caused.
When the owner of a swarm of bees which has flown away has not followed it within three days, or when those bees have gone into a hive of another person, the ownership of the swarm passes to the owner of the land where the swarm has stayed or to the owner of the hive.
Acquiring Ownership through Expropriation
Article 190
Objects can be expropriated when required for a public purpose defined by law and with full and preliminary compensation to the owner. Such objects become property of the state or property of other public agencies, in whose favour the expropriation is done.
Loosing of ownership
Article 191
Ownership is lost when it is acquired by another person, or when renounced.
The renouncement of the ownership over an immovable property in favour of someone else is recognised when done through a notarial act and is registered.
CHAPTER III
REGISTRATION OF IMMOVABLE PROPERTIES
Article 192
Immovable objects and the facts which are linked with their legal status shall be registered in the immovable property registries.
Registration is done through a public act, a court decision or a decision of another competent public authority, and in other instances which are defined by law.
Article 193
The following must be registered in the immovable property registries:
a) Contracts for transferring of the ownership of the immovable objects and the instruments for their voluntary subdivision;.
b) Contracts by which are created or known or changed or terminated the ownership rights over immovable objects, usufruct rights, rights to use and reside in, emphyteutic and servitude rights, and other real rights;
c) Acts of renouncement of ownership rights mentioned above;
ç) Court decisions through which heirs are identified, and by which inherited property is acquired;
d) Acts by which are created an association or another subject with rights which owns immovable properties or has other real rights over those properties;
dh) Court decisions and decisions of other public competent authorities which recognise or awards the ownership of immovable properties or their subdivision or which declares invalid previous legal actions for the transfer of ownership which have been properly registered in the past, and the actions by the court bailiff for sequestered immovable property or its sale through auction.
Court verification of the fact of ownership is not registered.
Article 194
In a contract of gift of immovable property, the registration takes the date on which the acceptance is, in the case that this acceptance is contained in a specific act.
Article 195
Immovable property and the real rights over them which are acquired or made known according to the provisions of this Code, cannot be transferred and when it is the case, charged with a burden, if they are not recorded in the immovable property registries.
Article 196
Courts, notaries, court bailiffs and other state agencies are obliged to send for registration to the responsible registration office copies, of the decision or act which contain the acquisition, recognition, changing, or terminating of ownership of immovable property, or a real right over that property, or the declaration of invalidity of juridical actions for transferring of the ownership which is previously registered.
Article 197
The following also must be registered:
a) Rental or lease contracts of immovable objects for a period exceeding 9 years;
b) Lawsuit requests for acquisition, recognition, change or termination of ownership of immovable property and other real rights;
c) Lawsuit requests for the partition of jointly owned immovable property.
Article 198
The Ministry of Justice administers the activities of the immovable property register for immovable property.
Conditions, means of registration and organisation as well as any procedure which is linked with this activity are regulated by a special law.
TITLE III
CO-OWNERSHIP
CHAPTER 1
Co-ownership with Shares
Definitions and content
Article 199
There is co-ownership when the ownership over one or some objects and the other real rights are held jointly by two or more people.
The shares of co-owners are equal, unless the contrary is verified.
The rights and obligations of co-owners are defined in proportion with the shares they possess.
The rights of co-owners
Article 200
Each co-owner has these rights:
(a) To profit from the income derived from the co-owned object in proportion with his share;
(b) To use the co-owned object according to the defined purpose and in a way so to not constrain the other owners in the use of the object according to their rights;
(c) To transfer or dispose his share in the co-owned object in any other manner, but when this is an immovable object, he can sell his share only respecting the prior right of purchase, which the other co-owners have according to Article 204 of this Code; (ç) To ask for the division of the co-owned object even when they have a contrary agreement, except when this division significantly destroys the proper purpose or is forbidden by law;
(d) To ask for the restitution not only of his part of the object, but of all of the co-owned object, with the condition that this object be delivered to all co-owners.
The obligations of the co-owner
Article 201
Each co-owner is obliged that in proportion with his share, to pay needed expenses for the protection and enjoyment of the co-owned object.
Article 202
When the co-owned object is used only by one or some of the co-owners, these are obliged to pay to the other co-owners a compensation for the use of their shares of the object from the day when the request for this compensation is notified in writing or from the date of the presentation of an indictment in a competent court.
Administration of the co-owned object
Article 203
All co-owners, independently from the value of their share, have the right to take part in the administration of the co-owned object.
The co-owned object is administered according to the specified manner with the agreement of all co-owners and when this agreement is not achieved, according to the defined manner by the decision of the co-owners who have more than half of the value of the object. The majority decision is binding also for the co-owners being in the minority.
This majority can decide to have a mortgage or pledge over the co-owned object, when this is necessary to secure the repayment of the sums borrowed for the maintenance and reconstruction of the object.
When this majority is not achieved or when its decision is damaging to the co-owned object, the competent court, with the request of each co-owner, decide on the required measures that are assessed and, according to the case, will nominate a person who can administer the object.
The right of prior purchase
Article 204
The co-owner, before selling his share of an immovable object to a person who is not a co-owner, is obliged to notify in writing the other owners inquiring whether they wish to buy his share with the same conditions that he would sell to a third person. In the case they do not respond within three months that they want to buy the share, the co-owner is free to sell his share to a third person.
The seller is obliged to make known the new co-owner to the other co-owners.
The right of a creditor over the share of a co-owner
Article 205
Each creditor has the right to realise his credit over the share that belongs to the co-owner debtor in the co-owned object.
Article 206
The creditors and heirs of any co-owner can intervene in a share of co-owned property, with their expenses, but they cannot object to the any prior subdivision, except when they have made known their objections before the subdivision.
In the case of the partition of the immovable property, the notification of the objections set out in the above paragraph, must be registered before the registration of the requested subdivision.
Also, in such partition it is necessary to notify all the creditors that have registered their requests, or that have gained the right to the property to be partitioned, prior to the registration of the act of partition, or the registration of the request for subdivision.
Division of the co-owned object
Article 207
Division of the co-owned object is done with the agreement of all of the co-owners. When the object is immovable the agreement must be done through a notarial act. When this agreement is not achieved, the division of the object is done by the court, having notified all of the co-owners. The division of the co-owned object is done with it being divided naturally according to the shares of the co-owners, if this division is possible and does not damage the specific purpose of the object. Inequality of the shares, that result from the natural division is compensated with compensation in money.
When the co-owned object cannot be divided naturally the court orders that it be sold in auction and that its value be divided between the co-owners, according to their respective shares, calculating also the sums that they must pay to each other for the reason of the relationship in coownership.
However, instead of selling in auction, the court, when some of the co-owners request, can order that the object be left to them, obliging them to pay to the co-owner, who requests the division, the value of his share, according to the manner and within the periods of time defined by the decision of the court.
When the object that can be divided naturally, is a housing unit, the court leaves in shares, according to the above mentioned conditions, to the co-owner who lives in that housing unit or needs more than the others for that living space.
The transfer of co-owned objects
Article 208
The complete transfer of the co-owned object can be done only with the agreement of all of the co-owners.
CHAPTER II
CO-OWNERSHIP IN GENERAL
A. The Obligatory Co-ownership
Co-owned objects of buildings
Article 209
In the floors or divided units of floors of a building that are in separate ownership of different owners, the objects which are in obligatory co-ownership, unless otherwise determined in the ownership act, are:
a) the land over which the building is constructed, the foundations of the building, the main walls, the internal separating walls, the stairs, halls, the roof and terrace, chimney, and also all those objects of the building which have such a character and serve for common use.
b) wells, installations for water, electricity, gas, telephone and central heating, including the pipes and lines and channels until the place of their branches inside of the individually units of floors.
Article 210
The right of each co-owner on the objects mentioned in the above article is in proportion to the value of floor or the part of floor which belongs to him, except when the title says differently.
The renouncement from the right on the above-mentioned objects, does not allow the owner to refuse his obligation to pay for maintenance expenses.
Indivisibility of co-owned objects
Article 211
The co-owned objects of buildings are not allowed to be divided, except when the division of any one of them can be done without causing difficulties in its use for any of the coowners.
The membership of the Assembly and the election of executive
Article 212
The Assembly is formed by the owners of each floor or separated unit of each floor, who have in co-ownership the co-owned objects of the building.
In the first meeting of the Assembly its members chose, from the Assembly, the executive, which is charged to do in their name and on their account all the needed operations for the administration and normal maintenance of the co-owned objects, except those operations that are the exclusive competence of the Assembly, and also represent the Assembly in the levels of the competent court and in arbitrage.
The Assembly Meetings and the Validity of Decisions
Article 213
After the first organisational meeting, the Assembly meetings are organised at least once a year. Other meetings of the Assembly can be organised by its executive or with the initiative of not less than 20% of the membership of the Assembly.
The Assembly meeting can be opened and can make decisions when there are personally present or represented by proxy the co-owners, who have at least two thirds of the total shares. When this number is not present, the meeting is postponed and the next meeting will be held if the normal majority of co-owners participates.
The Assembly decisions are made with a simple majority of votes of co-owners except in cases when in the provisions of this Chapter or with special provisions is required a specific majority. When the voting is tied, the vote of the chairman will be the deciding vote.
The Main Competencies of an Assembly
Article 214
The Assembly has the following powers:
1. Approve the regulations for administration of the building, which is formed according to the typical regulations approved by the Council of Ministers.
2. Create the reserve fund for common expenses, and determining its annual sum.
3. Approve the bids for expenses which has decided to do during the year, and also the division of their sum among co-owners. The common expenses for maintenance, repairs, and normal improvements of these objects must be approved by the assembly through a simple majority vote, whereas the expenses for major improvements or renovations are decided by majority of the co-owners possessing at least 75% of the shares.
4. Nominate when judged necessary, the person who cares for the building defining his competence and his salary.
5. Authorise the executive to insure, within reasonable bounds, the objects which are coowned property, and also to make other needed contracts for maintenance, repairs, and normal improvements, or, in case, of major improvements or renovation of the object.
Article 215
The decisions that are taken by the Assembly according the above provisions are compulsory for all co-owners.
Legal claims against the Assembly Decisions
Article 216
When an assembly decision is illegal or touches the interests of any of the co-owners of these objects, each co-owner has the right to present to a competent court an indictment for the invalidity of the decision, within 30 days from the date of the decision. Presentation of the indictment does not suspend the decision of the assembly, except when the court decides otherwise.
Obligations of Co-owners
Article 217
Each co-owner has the following obligations:
1. To pay the expenses for the protection and the enjoying of the common parts of the building, for the execution of services to the good of all co-owners and for the changes that are decided by the most of the co-owners, in proportion with the value of their share, except when there exists another agreement.
For the objects that serves the co-owners in different amounts, the expenses are divided in proportion with the use which is made by each of them.
2. Not to construct on his floor or in his part of the floor, that is specifically owned by him anything, which can damage the co-owned objects of the building.
- To repair damage or to repay the expenses for its replacement, which he alone or a member of his family has caused, to any co-owned object.
- Not to do, without the prior permission of the assembly, in his floor or in his individual unit that is in his ownership, any extension or changes which can affect the outside appearance of the building.
The New Extensions over the top floor
Article 218
The construction over the top floor of the building, of other floors or objects, can be realised with the decision of 3/4 of the co-owners of the building.
Article 219
The giving of permission is expressly forbidden to undertake extensions or such actions over the top floor if the physical conditions of the building do not allow such extensions.
The co-owners can oppose the permission which is given by the competent state agency for the construction of extensions or other actions over the top floor and when it is proved that these will decrease the amount of air or light for the lower floors or when they negatively affect the architectural appearance of the building.
Article 220
They who are allowed to construct an extension or other actions over the top floor are obliged to reconstruct the terrace, which all or part of the co-owners had the right to use.
Total or Partial Demolition of the Building
Article 221
When the building is totally demolished or a part of it which is not less than three fourths of its total value, each of the co-owners can ask to sell by auction the land and the materials, except when decided otherwise.
When the building is damaged less than mentioned above, the Assembly will decide for the reconstruction of the common objects of the building and each of the co-owners is obliged to contribute in proportion to his rights over the objects.
A co-owner who does not want to take part in the reconstruction of the building, must sell to other co-owners or to any one of them the objects, which are owned only by him, according to a valuation which is to be done.
B. Joint Ownership among members of a farm family
Article 222
The property of the farm family is jointly owned by its members, who through their labours or other means, have contributed in the creation and increase of the farm economy.
Article 223
The farm family is composed of persons who are related by kin, marriage, adoption or through being accepted as family members.
Article 224
The farm family is represented in the property relationships with a third party by the head, who is elected by the family members.
Article 225
In the farm family's property are not included the simple things of the member's personal use, also the things which the member has gained by his personal income, by donation or by inheritance.
Article 226
The farm family member cannot alienate any of the farm family property parts, unless it has been allotted to the member as personal property.
Article 227
Every member of the farm family can demand his share in the farm family property. It is appraised by considering especially:
a) the family common property;
b) the number of family owners;
c) his contribution in the creation or increase of the family property based on its quantity or its efficiency and also the efficiency of work and assets rendered in the creation and preservation of the farm economy.
Article 228
The allotment of the farm family property, is done according to the determined rules in
Article 207
Of this Code.
When the share is requested by only one member it is valued and paid in money.
When the allotment is requested by several members of the farm family, with the purpose to create another farm family, the share can be given in kind, with the condition that the agricultural land that remains to the remaining family members should not be less than a minimal standard for cultivation.
By minimal standard for cultivation is meant the agricultural land, that is necessary for the running of a farm economy, based on the natural conditions of the respective area or region.
Article 229
The farm family is responsible for the illegal acts done by its members, during the exercise of functions which derive from the economical activity of the farm family itself.
Article 230
The farm family is not responsible for the personal economical obligations of its members, including even its head. The creditors have the right to be paid from the share of the farm family income that belongs to the indebted member and from the share of the farm family property that belongs to him.
C. Co-ownership between spouses
Article 231 The co-ownership between spouses is regulated by provisions in the Family Code.
TITLE IV
ΑUSUFRUCT
CHAPTER I
GENERAL PROVISIONS
THE CONTECT OF USUFRUCT
Article 232
Usufruct is the right of a person to enjoy a property which is under the possession of another, with the obligation of a good maintenance of it.
The way of creation of usufruct.
Article 233
Usufruct is established (created) by law or legal transact. It can be acquired even through the acquiring prescription. The duration of usufruct
Article 234
Usufruct can be with or without terms, but in any case it can not overcome the life of usufruct.
Whe the right of usufruct is enjoyed by a legal person, it can be not longer than 30 years.
The way of establishment (creation).
Article 235
The usufruct established by legal transaction must be done by a notarial act, while when it is acquired by will there is acted according to the appropriate provisions. The usufruct over immovable property must be registered in public registries.
Joint-usufruct
Article 236
The usufruct can be in favour of more than one person.When the right of one of them ceases, it passes to other usufructuaries, remaining ones, in proportion to parts. It continues this way until the ceasationof last usufructuary.
CHAPTER II
RIGHTS SOURCING FROM USUFRUCT.
The limities of enjoyment of property in usufruct Article 237
The usufructuary enjoys the property put in usufruct, but can not change the economic destination it has initially of usufruct without the assent of owner and without the authorization of court of district, when the owner and usufructuary do not agree.
During the continuity of ssufruct or its end, the usufructuary can take off the additions done to property, in the conditions of first paragraphe of this article, which (additions) can be taken off without damaging the thing, turning it back to its initial condition, except when it is differently foreseen in the act of foundation.
Improvements of thing in usufruct.
Article 238
The usufructuary,at the termination of usufruct, has no right to demand recompensations for the improvement done to the thing during the use even if its value has increased, exept when it is differently foressen in the act of foundation.
The addition of value can be compesated with the damages that would be caused to the thing without the fault of usufructuary.
When there is no place for compensation, the usufructuary can take off the additions, without damaging the thing, except when the owner accepts to pay their value, as they would be separsted from the thing.
Appeartaining of fruits.
Article 239
To usufructuary belong the natural fruits and civil fruits produced by the thing during the continuity in time of usufruct.
The natural fruits which were not separated from the thing at time when started usufruct belong to usufructuary and vice versa when they are not separated when usufruct ends, they belong to owner.
The transferr of the right of usufruct
Article 240
The usufructuary can transfer to another this right for a certain period or for all time it is on, except when in the establishment act it is differently foreseen.
The transfer must be writtenly announced to owner, otherwise the former usufructuary and the person who has acquired such a right are solidary responsible to the owner.
The right of alienation (tjetersim, alb.)
Article 241
The usufructuary has the right to alienate things object of usufruct at the measure they have the destiny to be alienated and in accordance to their nature. In other cases the usufructuary can not alienate things in usufruct without the assent of owner or authorization of the district court, except when it is differently foressen in the establishment act. The authorization must be not given when there are affected the interests of owner, usufructuary or third person.
The subtitution of the thing in usufruct. Article 242
When things in usufruct are alienated or substituted by other things these belong to the
owner and temporarily are ubject of usufruct. The above mantioned rule is valid for anything which comes from the gather of obligations object of usufruct, from the compensations for the recompensation of damages or from the disvalution of property, when they subtitute or improve the things object of usufruct.
Investment
Article 243
The owner and usufructuary must be in accordance that the money object of usufruct will be invested in a fruitfull way or expesed in the interest of other property in usufruct.
Article 244
The usufructuary has the right to give by rent things in usufruct, except when it is differently foreseen in the establishment act.
When usufruct is over, the owner must respect the rent, started normally before, except when the prolongation of its term is done without his consent. When the usufructuary or the hirer have demanded the consent of owner and he has not responded in the defined term, the consent is considered as given.
When the usufruct ceases, the rents for a term for more than 5 years are valid only for 5 years since the day the rent was on (or usufruct ceased).
Article 245
The usufructuary enjoys the rights of servitudes related to the property over which usufruct has other rights in rem which were to be enjoyed by the owner himself, except the limitations foreseen in the establishment act or in law.
CHAPTER III
OBLIGATIONS SOURCING FROM USUFRUCT
Article 246
The usufructuary is obligated to recompensate the value of the lost thing or of damage it received, except when he proves that they are caused not because of his fault. He is obligated to substitute things which according to usufruct he had no right to consume.
Article 247
The usufructuary takes the things in the conditions they are before usufruct. Things in usufruct are taken in delivery by inventary done with a notarial act or with the verification by notary, in the presence of owner, after he was announced in an appropriate term. It is the right of parties that in inventary must be noted all details which are related to the definition and condition of thing taken in usufruct.
The inventary can be done by a private act also, when two parties are in agreement, who are present during its performance. The expenses for the performance of inventary are on the charge of usufructuary, except when it is differently foreseen in the establishment act.
Article 248
The usufructuary is obligated to send to owner at the end of each year a detailed written announcement from him for things which do not exist any more and for the things which have substituted them, and also for the profits from things in usufruct which do not enter in the cathegory of fruits.
Article 249
The usufructuary is obligated to give to the owner a written guaranty for the fulfilment of obligations coming from usufruct, except when in the act of establishment is discharged this obligation, or when the interests of owner over things in usufruct are insured good enough from an institution charged with this duty.
The parents who have the legal usufruct over things under the ownership of their children are excluded from the giving of such a guaranty.
When the usufructuary is discharged from the obligation of giving the guaranty, the owner acquires the right to demand from him that he must be told every year the things given in usufruct or he must be informed by an announcement of credit institution for the money or vouchers which are deposed.
The usufructuary can not acquire the possession of things put in usufruct without fulfiling the obligations which source from this article.
Article 250
When the usufructuary does not give guaranty, there are taken measures for the administration of things in usufruct. The immovable properties are given by rent or are entrusted to an administrator choosed in agreement between the owner and administrator, and when such an agreement is not reached then the district court decides the administrator.
The usufructuary has the right to keep as his or family=s habitation place, an appartment ( or smth like that ) which is included in usufruct. The money which are included in usufruct are invested with intersts.
The immovable properties which are damaged or are old from the use or food properties which risk to go bad, are sold and their value is given with interest or is used for things in usufruct.
The usufructuary can require to be left to him movable property enough for personal use.
Article 251
The expenses neede for the maintenance, to keep and to administrate of property are on the charge of usufructuary. On his charge are also the expenses for unusual repairments, when they come from the unfulfilment of his obligations toward the thing in usufruct.
Extraordinary repairs are on the charge of owner. When the owner refuses to perform them or others charged to him or delays without reason their performance, then the usufructuary makes them with his expenses which are liquidated until the termination of usufruct. The usufrctuary has the right to keep the repaired thing until the liquidation of his expenses.
Article 252
The usufructuary must insure things in usufruct on the favour of the owner for the risks they are usually insured or obligated by law. In case of damage the usufruct is extended over the paid recompensation (insurance).
When usufruruct does not fulfil such an obligation, the owner has the right to do himself the insurance of property and the usufructuary is obligated to pay the respective (appertainig) expenses.
Article 253
When the property is expropriated for public interests, the usufruct passes over the appertaining recompensation.
Article 254
Taxes, imposts, recompensations, ground rents and other obligations, yearly ones, which are related to incomes during usufruct are on the charge of usufructuary.
CHAPTER IV
THE TERMINATION OF USUFRUCT.
Article 255
Usufruct ends:
- by the death of usufructuary or ceasation of usufructuary legal entity;
- by the termination of term decided in the establishment act;
- by the unification of qualities of owner and usufructuary in a sole person;
- by the complete destruction or the loss of thing given in usufruct;
- by non usage of usufruct contiunously for twenty years.
Article 256
The usufruct can cease when the usufructuary abuses with the right and does not fulfil the obligations which source from usufruct. Otherwise, the court can order the usufructuary to give guaranty according to the circumstances, in case when he is discharged from such an obligation, or by the request of owner is left ti him the administration of property in usufruct or to another person or even the giving by rent thing.
Article 257
The usufructuary can demand that by his expenses he is given the possibility to renounce from usufruct because of the burden of obligations which source from usufruct.
The return back of things in usufruct. Article 258 When usfruct terminates, the usufructuary and his heirs are obligated to put at the disposal of owner the things put in usufruct.
TITLE V
USE AND ABITATION
Article 259
The person who has simply the right of usage over a thing uses it and enjoys its fruits at the amount he needs for himself and his family.
When the object of the right of usage is an habitation, the person has the right to habitate there according to necessities of his and his family. The thing or habitation which is under use according to this provision can be not alienated, burdened or used by other person.
Article 259
Provisions related to usufruct are applicated even for the right of usage and habitation, for so long these rights are in concordance.
TITLE VI
GENERAL PROVISIONS
Article 261
A predical servitude consists of a burden imposed on land for the utility of other land belonging to a different owner.
Article 262
Servitude is established by law or man=s will. Article 263 The owner of the serving property is not obligated to perform any act in order to make possible the exercise of servitude, except when it is differently foreseen by law or title. Article 264 The owner on whose favour servitude is put is obligated to recompensate to the owner of servient property the damage caused to him from the establishment of servitude.
CHAPTER II
COMPULSORY SERVITUDES
Article 265
The owner of property according to law has the right to demand from the owner of another property the establishment of servitude, in lack of agreement he can be directed to the court.
The compulsory serviture can be established even by the act of state organ, in cases foreseen by law.
The decision must define the rules of exercise of servitude and the recompensation of the respective damage.
Flow of waters. Article 266
The owner is obligated to accept in his land water from the rain snow and unexploited water sources which naturally flow from a land of higher level. The owner can not change this flow of water on the harm of another.
The water flowing on a below land can be kept by the owner of the higher land at the quality which is enough and necessary for this land.
Article 267
In cases when the slopes and sides of a property which served to present waters are destroyed or damaged, and when it comes necessary that because of waters there must be constructed protecting units, and the owner does not accept to construct or repair, then the damaged owners can construct or repair them by their own expenses. These constructions and repairs must be done without causing any damage to owner of serviant land and respecting the special rules when such ones exist. When the owner of serviant land has contradictions, the disagreement is solved by the court.
Article 268
The provisions of the above mentioned article are applicated even when it is necessary to make off a barrier of materials formed in another property, or canal, flow of water, draining channel which damages the neighbouring properties.
Article 269
The owner who has a source of water in his property is free in its use, but without intruding the rights acquired by the owner of lower property according to title and prescription.
Article 270
In case when a flow of water prevent the neighbouring owners to enter in or prevents the contiunity of drainage or irrigation, the ones who use this flow are obligated that in proportion to profits earned by the water to construct and maintain the bridges and other communicating means, and also the subterranean pipes and other things of this nature in order to continue the drainage and irrigation.
Article 271
The owner of a land is obligated to accept without recompensation the waters which come from drainage of a land, like the above mentioned one, when they flow naturally in his land.
When from this flow come damages, he has the right to demand the recompensation and the taking of measures in order to avoid it in the future.
Article 272
The rules for constractions of habitations and other constructions the distance between them, the receiving of light and sight, the settlement of balconies and other constructions of this nature are (regulated) provided by special law respecting the rights of the owner foreseen in this code and other certain special laws.
. Article 273
The pass of waters through other=s property must be done in the most appropriate and suitable way in order to cause less damages but without preventing the normal exercise of servitude.
Article 274
When the past of waters is demanded for a time not longer than 9 years, the payment of value and recompensations mentioned in the above mentioned provision is done with the half of this value, with the obligation that at termination of term everything is resettled at the previous condition.
This servitute can become permanent when it is demanded before the termination of term, through the payment of the other half, of value together with the legal usuries, from the day when has started the pass.
When the request is done after the termination of term there are not taken in consideration the payments for the temporary acquisition of this right.
Article 275
When the pas of waters goes by penetrating public streets (ways) or rivers and other public constructions, there must be applicated the rule foressen in special provisions.
Article 276
When in a house or its environment there is lack of water necessary for the life of people and livestock, and there are no ways to secure it differently, or there are needed great expenses, the owner of the neighbouring land must permit that a surplus quantity of the water must be used for the above mentined necessities, affording the value of the required water and expenses which must be done for this aim and when there is the case he must recompesate the damage which can be caused.
Servitude of passing through Article 277
The owner who has no way out in the public way and can not secure it except by great and difficult expenses, has the right to have a passing way from the neighbouring land in order to make a suitable use of his property.
The pass must consist on the shorter way to the public way and with less damages for the servient land.
This provision is applicated even when the owner, to whom is recognized the right of passing in other=s property, demands the widening of the way for the means, including here even the pass of mechanic means.
Article 278
The owner must allow the neighbour to enter and pass in his land any time he needs to construct or repair a wall or another thing. He must allow the person to search for and to take the lifestock or any of his things which casually are there or as a consequence of wind, water, avalanches and other major forces, things which are in his land or are united to his things.
The owner can not allow the entrance when he assumes to deliver by himself the thing lost in his land. When there is the case, the owner of land is recompensated for the received damage.
Article 279
The person who wants to pass in the other=s land must pay the value of the occupied land, without reducing other taxes and burdens related to land, and must pay the recompensation for the caused damage including the damage which comes from the interruption of land, from its non usage, from the deposition of materials and throwing of residues. The owner of servient land has the right to remove the last ones and to make use of the surface of soil, but always without harming the normal exercise of servitude.
Servitude of putting cables, wires, tubes. Article 280
The owner must allow other persons to construct in his immovable property, canals or to put pipes for water and gas and telegraphic or electric wires and cables and other installements of this nature, but only when there are no other possibilities to construct these things or when they are done without grat expenses. When the owner receives damages, he has the right to be recompensated.
CHAPTER III
VOLUNTARY SERVITUDES
Article 281
The owner can establish on his properties or to their utility any kind of servitude, with the condition that it must not contradict the legal order (legislation in power).
The voluntary servitudes are created by contracts or by will.
Article 282
Servitudes are continual when their exercise is done without the necessity of time after time acts of man, as the water ditches, shelter points and others of this nautre.
Servitudes are non continual when during their exercise is demanded the performance of present acts of man as the right to get the water pasturage of livestock and others of this nature.
The servitudes can be apparent or nonapparent.
Nonapparent are the servitudes for which are not needed permanent and visible works destined for their exercise.
Article 283
The continual and visible servitudes are created by title or by a limited period of 10 years.
The invisible continual servitudes and non continual servitudes, appearent or nonapparent, can not be created but only by title.
Article 284
When two properties extinguish beeing under the ownership of a person the servitute is considered that it exists in an active manner or passive manner to utility or against each separated property, except when there is a contrary agreement.
CHAPTER IV MANNERS OF EXERCISE OF THE SERVITUDE
Article 285
In the right of servitude is included everything which is necessary for its usage.
Article 286
The owner can not impose the property with servitudes, which intrude the right of usufructuary, without the assent of usufructuary.
Article 287
The servitude on a property wich belongs to some persons in joint - ownership can be established only with the approvment of all the joint - owners. The servitude established by only one or some joint - owners enters in force when the other joint owners, together or separately, have given their approval for its establishment.
Article 288
The person who has a right of servitude must use it according to the title or possession of his. When there are doubts about its extension and manner of its exercise, the servitude is considered established in manner to fulfil the necessities of the dominant property, burdening as less as it is possible the servient property.
Article 289
The right of servitude must be execieed at the time and manner which brings less difficulties and troubles to owner of servient property.
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Article 290
When the property, on which utility the servitude is established, is to go under apportion, servitude will serve to each part, with the condition that the burden of servient land must be not more heavy.
Article 291
The owner must not reduce or make difficult the usage of servitude by his acts, or nonperformance of his acts.
But if the conditions have changed and the owner of servient property is burdened or prevented in the exercise of his ownership rights, he can demand to the owner on whose utility is put the servitude the change of the place of servitude.
This right is possessed even by the owner of the other property, when there is proved that this change brings utility and does not harm the servient property.
The protection of servitude Article 292
The person who exercises a servitude has the right to demand judicially from anyone who contradicts this right, requiring according to the case its reestablishment (complete one),the cease of intrudes made to him and the re-compensation of the received damage.
CAPTER V
Α EXTINGUISHMENT OF SERVITUDES Α
Article 293
Servitude extinguish: a) when in a sole person is united the ownership of dominant property in that of servient property; b) when there are used for no longer than ten years; The term of prescription for non-continual servitude start to be on from the day when the servitude has ceased its usage, while for the continual servitude from the day when is done a work or is verified a fact which prevents the exercise of servitude.
For the effect of extinguishment of servitude is accounted even the time it was exercised by the above mentioned holder of title. c) when things are damaged or consumed at that degree to be no more used for their intention.
The resettlement in a condition to be used brings as consequence the resettlement of servitude, except when this right is prescribed.
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Article 294
When the domonat property is under joint - ownership, the usage of servitude by one of joint - owners interrupts the prescription even to the other joint - owners.
Article 295
The suspension or interruption of prescription on favor of one of joint - owner effects on the others too.