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Moshe Junger: Property Acquisition

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Property is defined as the direct power exercised over an asset within the applicable legal framework. This implies the exercise of the broader legal powers that the legal system grants....

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Property is defined as the direct power exercised over an asset within the applicable legal framework. This implies the exercise of the broader legal powers that the legal system grants.

The property right includes all those assets that are susceptible to appropriation and that can be useful, limited and suitable for their occupation.

Here, seasoned enterpreneur Moshe Junger shares more about property acquisition.


Forms of property acquisition

The acquisition of property is the act in which all rights are acquired by virtue of certain legal facts determined as "ways of acquiring". In this way, the acquisition can be:

Original: Moshe Junger expains that it does not come from an active subject prior to the legal relationship, the right arises for the first time in the person of the acquirer, whose will to acquire must be supported by a legal prescription.

Derivative: Moshe Junger expains that the acquisition of the right by a subject corresponds to the loss of the person who transmits it in favor of the acquirer.

For an acquisition there must be a transferor-predecessor (cause) and an acquirer-successor (successor in title) to consummate the transfer of the property or the right to the object that is owned. There are different ways to convey a property:

Contract: According to Moshe Junger expains that, it is the most common and effective means to transfer ownership. Through a contract, only the will of the parties is enough.

Succession: As it has been explained by Moshe Junger, the transfer of property takes place on the death of the person whose succession is in question, so that the heirs or legatees acquire the right.
Positive prescription usucapiĆ³n: it is the legal figure by which assets are acquired through possession and the natural passage of time, (which must be true and measurable), and that it does not constitute a crime.

Law: Moshe Junger shares that it is the ideal way to acquire property. The law establishes the possibilities of appropriation, while they are not in this case, the legal effects are not possible.

Occupation: As Moshe Junger indicates, it requires the permanent acquisition of a thing with the purpose of owning it, when it has no owner.
Appropriation: it is the occupation that you can carry out on your own behalf or that of a third party and implies a power that can be exercised directly or through the law.

Accession: Moshe Junger points out that it is when the property of the right goods to everything that they produce or is joined or incorporated in a natural or artificial way.


Why is it good to have property?

There are many benefits of owning a property, it began with the fact that it can be considered as an investment whose value can increase over time. In addition, owning a property can be a way to save taxes, because unlike renters, most homeowners receive a tax benefit and, more importantly, you can make the most of a property by renting it out.
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Author Moshe Junger
Categories Investing
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