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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSA. Classification of Property1. Immovables and Movables - Civil Code, arts. 414-418

Question

A. Classification of Property: Immovables and Movables

Suppose that Ana and Ben entered into a contract for the sale of a parcel of land. However, a dispute arises regarding the inclusion of certain items as part of the sale. Analyze the following scenarios and determine whether the items should be classified as immovables or movables based on the provisions of the Civil Code.

  1. Ana wishes to include the house built on the land in the sale. The house is a wooden structure, designed and constructed to be permanent.
  2. Ben argues that the antique chandelier hanging in the living room should be considered part of the sale since it is installed and attached to the ceiling of the house.
  3. Ana asserts that the mature fruit-bearing trees planted within the property should be part of the sale as they are rooted in the ground and considered permanent fixtures.
  4. Ben claims that the movable furniture and appliances in the house, such as the dining table, refrigerator, and sofa set, should not be included in the sale since they are easily detachable and do not form an integral part of the land.
  5. Ana wants to include the electrical wirings and plumbing system in the sale, arguing that they are essential components of the house and are permanently attached to it.



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Bar Review Question: A. Classification of Property: Immovables and Movables Suppose that Ana and Ben entered into a cont