BENS no Direito Civil - CLASSIFICAÇÃO: móveis/imóveis, fungíveis, consumíveis, divisíveis…

Summary

In this video, Cíntia Brunelli provides an in-depth overview of the classification of 'bens' (goods) in Brazilian Civil Law. She explains the distinctions between movable and immovable goods, tangible and intangible assets, and concepts such as fungibility, consumability, and divisibility. The video further explores the legal implications of different asset categories, including public goods and their uses. Cíntia emphasizes the importance of understanding these classifications for students advancing in legal studies, especially in property law and contract law, and encourages viewers to build a strong legal foundation for quicker and more effective learning.

Takeaways

• 😀 Goods (bens) are anything that holds economic value, either material or immaterial, that can serve as an object in legal relationships.
• 😀 The main difference between a 'thing' (coisa) and a 'good' (bem) is that a 'thing' is anything except humans, while a 'good' has economic value and utility.
• 😀 Immovable goods (bens imóveis) are items that cannot be moved without losing their characteristics, such as land or buildings.
• 😀 Movable goods (bens móveis) are items that can be moved without altering their essence, like furniture and appliances.
• 😀 Corporeal goods (bens corpóreos) are tangible and can be perceived through the senses, such as a car or a pen.
• 😀 Incorporeal goods (bens incorpóreos) are intangible, like intellectual property or financial credits.
• 😀 Fungible goods (bens fungíveis) can be replaced by another of the same kind, such as money or grain, while non-fungible goods (bens infungíveis) are unique, like art or pets.
• 😀 Consumable goods (bens consumíveis) are destroyed through use, like food, while non-consumable goods (bens inconsumíveis) are worn but not destroyed, such as a refrigerator.
• 😀 Divisible goods (bens divisíveis) can be split without altering their function or value, such as a sack of rice, whereas indivisible goods (bens indivisíveis) lose value when divided, like a horse or a table.
• 😀 Collective goods (bens coletivos) are a group of singular goods that function together as one, like a herd of cattle or a library, while singular goods (bens singulares) can stand alone, like a book or a chair.
• 😀 Public goods (bens públicos) are categorized into those for public use (e.g., rivers, roads), special use (e.g., government buildings), and dominical goods (e.g., unused land), with the latter being the only type that can be alienated or sold.

Q & A

What is the difference between 'coisa' and 'bem' in civil law?

In civil law, 'coisa' refers to everything that exists, excluding humans, while 'bem' refers to things that have economic value and utility for humans. A 'coisa' is a broader concept, encompassing all things, while a 'bem' is specifically a thing that is useful and valuable.

What are the main classifications of goods ('bens') in civil law?

Goods ('bens') are classified in several ways: movable or immovable, tangible or intangible, fungible or non-fungible, consumable or non-consumable, divisible or indivisible, singular or collective, principal or accessory, and public goods.

What defines a movable good ('bem móvel')?

A movable good ('bem móvel') is one that can be transported from one place to another without losing its essential characteristics. Examples include appliances and construction materials.

What are the subdivisions of immovable goods ('bens imóveis')?

Immovable goods are divided into: immovables by nature (e.g., the land itself), immovables by accession (e.g., buildings or trees), and immovables by legal determination (e.g., rights to open succession).

Can a house moved on a truck still be considered immovable?

Yes, even if a house is moved on a truck, it remains classified as an immovable good if it is still intact and intended to be permanently fixed to a new location.

What distinguishes fungible goods from non-fungible goods?

Fungible goods can be replaced by other goods of the same kind, quality, and quantity, such as money. Non-fungible goods are unique and cannot be replaced by identical items, such as a piece of artwork or a beloved pet.

What is the difference between consumable and non-consumable goods?

Consumable goods are those that are destroyed or depleted when used, such as food. Non-consumable goods, like a refrigerator, can be used over time without being destroyed.

What is the significance of the classification between divisible and indivisible goods?

Divisible goods can be divided into smaller parts without significantly affecting their value or use (e.g., sacks of grain). Indivisible goods cannot be divided without losing their essential value, such as a horse or a piece of furniture.

What are the characteristics of collective goods ('bens coletivos')?

Collective goods consist of several individual goods that, when together, form a unified whole with a common purpose. Examples include a library or a herd of livestock, which can be sold as a whole or individually.

How are public goods classified in civil law?

Public goods are divided into three categories: goods for public use (e.g., rivers, streets), goods for special public use (e.g., government buildings), and dominical goods (e.g., land owned by the state that does not have a specific public purpose and can be sold or transferred).