MOVABLE AND IMMOVABLE GOODS

Based on the nature and qualification made by law, the goods are movable and immovable.
Art. 536 new civil code expressly stipulates that “All the goods are movable or immovable”. This characterization is based on a social and economic value criterion.
Immovable goods
Immovable goods are those which cannot be transported either by their own energy or by a foreign energy. If we take into account the fact that the earth is moving all the time, nothing is immovable.
Immovable goods are classified into:
1) Immovable goods by their nature.
Lands and constructions are immovable by their nature. It is usually admitted that the expression “construction” refers to all constructions or works built on the ground or underground such as warehouses, bridges, tunnels, channels, brake water, etc.. At the same time, we emphasize that all the parts of a construction are considered immovable by their nature through their incorporation in the building or by their destination, such as the windows, the doors, the installations, etc.. The legal provisions mentioned above also stipulate that the windmills or the watermills situated on pillars, uncut trees, harvest attached on roots, non-picked’ up fruits, vegetation stuck to the ground are immovable goods by their nature.
2) Immovable goods through the object they apply to. There are immovable goods through the object they apply to the usufruct right of the immovable goods, the servitude right, lawsuits for recovery of property .
By interpreting these legal provisions we emphasize that there are included into this category all the rights having as object immovable goods. Thus:
- real rights excepting the ownership right (the ownership right is immovable by its nature because the right is confused with the thing);
- debt rights regarding immovable goods which correspond to the obligation “to give”;
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