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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSC. Right of Accession, Movables and Immovable (Civil Code, arts. 440-475)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

C. Right of Accession, Movables and Immovable (Civil Code, arts. 440-475)

Question:

Barbara is a talented sculptor who has been commissioned to create a sculpture for a public park. She spends several months painstakingly sculpting a piece from marble. The finished sculpture is an impressive work of art and is securely attached to a large granite pedestal in the park.

One day, Alex, a wealthy art enthusiast, visits the park and is captivated by Barbara's sculpture. Alex decides to purchase the sculpture and approaches the city government to inquire about the possibility of acquiring it.

In this scenario, answer the following questions:

  1. Who has ownership over the sculpture - Barbara or the city government? Explain your answer.
  2. Can the city government legally sell the sculpture to Alex without Barbara's consent? Explain your answer.
  3. If the city government decides to relocate the sculpture to a different area of the park, does Barbara have any legal recourse? Explain your answer.
  4. If Alex successfully purchases the sculpture from the city government, does he acquire ownership over the sculpture? Explain your answer.



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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS C. Right of Accession, Movables and Immovable (Civil