The Property

Already the extinction of the thing and the dispossession are involuntary ways, that is, the proprietor loses the thing for other people’s reasons the will of it. Let us see what it interests in them: LOSS OF THE PROPERTY FOR EXTINCTION: Leaving of estimated that it does not have possibility to exist a Right that does not fall again into an object is applied here the principle of the Roman law? Inexisting the object, the Right inexists. That is, the basic requirement to understand the loss of the property for extinction is the entailing of the Right to the object. In the case of loss of the property for extinction of the thing, we can speak in decurrent extinction of involuntary if resultant act of natural events as earthquakes, rays, fires, or decurrent of voluntary acts as the destruction. Partial extinction: The term most correct when speaking of partial extinction would be Deterioration, that is the same that reduction of the property.

As deterioration example, we can think about a proprietor of a reproductive ox, that is movables, from the moment that the ox not to reproduce more, we consider the deterioration of the thing, therefore it does not lose the thing entire, and alone a quality of the thing. If the ox died, would be extinction of the thing. The total Extinction is loss cause, irreparable loss and definitive of the property, that happens for climatic events, as we speak above, avalanches, earthquakes, tsunamis and etc. We can cite the example of a proprietor of an island and this is shrunk, that is, taken for the sea, thus making it to disappear and its proprietor to lose the power that had on it. We conclude then, the property right falls again on some thing, some good, and inexisting the object, the right inexists that had on it.