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immovables    
不动产

不动产

IMMOVABLES, civil law. Things are movable or immovable. Immovables, res
immobiles, are things in general, such as cannot move themselves or be
removed from one place to another. But this definition, strictly speaking,
is applicable only to such things as are immovable by their own nature, and
not to such as are so only by the destination of the law.
2. There are things immovable by their nature, others by their
destination, and others by the objects to which they are applied.
3.-1. Lands and buildings or other constructions, whether they have
their foundations in the soil or not, are immovable by their nature. By the
common law, buildings erected on the land are not considered real estate,
unless they have been let into, or united to the land, or to substances
previously connected therewith. Ferard on Fixt. 2.
4.-2. Things, which the owner of the land has placed upon it for its
service and improvement, are immovables by destination, as seeds, plants,
fodder, manure, pigeons in a pigeon-house, bee-hives, and the like. By the
common. law, erections with or without a foundation, when made for the
purpose of trade, are considered personal estate. 2 Pet. S. C. Rep. 137; 3
Atk. 13; Ambl. 113
5.-3. A servitude established on real estate, is an instance of an
immovable, which is so considered in consequence of the object to which it
is applied. Vide Civil Code of Louis. B. 2, t. 1, c. 2, art. 453-463; Poth.
Des Choses, Sec. 1; Poth. de la Communante, n. 25, et seq; Clef des Lois
Romaines, mot Immeubles.


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