Page 112 - Δημήτρης Λουκιδέλης - Μεταφράσεις Νομικών, Συμβολαιογραφικών & Δημοσίων Εγγράφων - Δείγματα Μεταφράσεων

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Χρήστος Σατλάνης – Στοιχεία Δικαίου και Εισαγωγή στη Νομική Επιστήμη -
Εμπράγματο Δίκαιο

A. Concept of the thing and types of things
A thing in the sense of the law is any and every object corporeal, self-contained,

impersonal and receptive of human domination. Thus for the concept of the thing in
the sense of the law an object is required: a) that it be corporeal, namely that it has a

material substance in solid, liquid, or gaseous form (such as coal gas). By legal fiction
as corporeals and thus as things in the sense of the law are regarded also the natural
forces or energies, such as electrical current and heat, and magnetic and nuclear power

etc. Pursuant to art. 372 par. 2 of the Penal Code as a movable thing is considered also
to be the energy of electricity, of heat and any other energy. In article 372 PC there is

provided the legal - formal element of the crime of larceny. A contrario it arises that
the incorporeal (immaterial) things, such as e.g. rights are not things in the sense of
the law. B) That it be self-contained, namely that it has its own, in the perceptions of

transactions substance (by extent, volume, position). C) That it be impersonal namely
that it not be a person, such as the living human being or members thereof. D) That it
be receptive of domination namely that it be receptive of possession or in rem rights.

Consequently, there are not things in the sense of the law as they are not receptive of
domination, the things extra commercium, namely the things common to all (the
atmospheric air in the free state and the sea), the things of common use (primarily the

freely and perpetually flowing waters, which form rivers navigable or not, the roads,
which are distinguished into national, provincial, municipal, or community roads, the

squares and round-abouts, whereto are equated also the groves and the gardens, the
coastal zones, namely the strips of land, which are wetted by the maximum habitual
ascent of the waters, namely by the maximum habitual winter wave, the ports) and the

things intended for the service of public, municipal, community or religious ends. On
the things of common-use there may be by concession (by law or administrative act)

of the authority be acquired special private rights (such as for example the installation
of a kiosk on the pavement) insofar as thereby the common use is served or not negated
(article 978 CC). The things of common use in contrast to the things common to all,

which do not by ownership belong to any person, definitely belong to the ownership
of certain persons (natural or legal) and they are of the following in order in accordance
with article 968 CC the Municipalities, The Communities, the individuals and lastly

the state. The things out of commerce (res extra commercium) lose this capacity, when
the respective intention thereof ceases (by the law, such as for example the abolition of