Chương XI Bộ luật Dân sự 2005: Các loại tài sản

Chapter XI

TYPES OF PROPERTY

Article 174.- Immovables and movables

1. Immovables shall include:

a/ Land;

b/ Houses and constructions annexed to the land, including properties attached to such houses and constructions;

c/ Other properties annexed to the land;

d/ Other properties specified by law.

2. Movables are properties other than immovables.

Article 175.- Yields and profits

1. Yields are natural products which property generates.

2. Profits are incomes derived from the exploitation of property.

Article 176.- Primary objects and auxiliary objects

1. A primary object is an independent object of which the utility can be exploited according to its functions.

2. An auxiliary object is an object, which directly serves the exploitation of the utility of a primary object, is a part of the primary object but can be separated from the primary object.

When performing an obligation to transfer a primary object, the auxiliary object must also be transfered, unless otherwise agreed upon.

Article 177.- Divisible objects and indivisible objects

1. A divisible object is an object which still retains its original properties and functions when it is divided.

2. An indivisible object is an object which cannot retain its original properties and functions when it is divided.

When an indivisible object needs to be divided, such object must be valued in money for the division.

Article 178.- Expendable objects and non-expendable objects

1. An expendable object is an object which, after having been used once, loses or no longer retains its original properties, shape and functions.

An expendable object cannot be the object of a lease contract or a lending contract.

2. A non-expendable object is an object which still essentially retains its original properties, shape and functions after it has been used many times.

Article 179.- Fungible objects and distinctive objects

1. Fungible objects are objects which have the same shape, properties and functions and which can be determined by units of measurement.

Fungible objects of the same quality may be interchangeable.

2. A distinctive object is an object which is distinguishable from other objects by its own characteristics regarding symbol, shape, color, material, properties or position.

When performing an obligation to transfer a distinctive object, none other than such object must be transferred.

Article 180.- Integrative objects

An integrative object is an object comprising components or parts which fit together and are connected with each other to form a complete whole in which if any component or part is missing, or if the components or parts are not of the right specifications or the same category, it cannot be used or its utility value will be decreased.

When performing the obligation of transfering an integrative object, all the components or parts of the object must be transferred, unless otherwise agreed upon.

Article 181.- Property rights

A property right is a right which can be valued in money and may be transferred in civil transactions, including intellectual property rights.