The Object and the Goods
In civil law, a distinction exists between a "thing" and a "good." A "thing" becomes a "good"
when it acquires certain characteristics. For instance, a fish in the sea is a thing, but once
captured and appropriated, it becomes a good. Only things that are useful and subject to
appropriation qualify as goods. Items from which no benefit can be derived—like stars,
planets, or "res communes omnium" (e.g., air, water)—are not goods, as their enjoyment by
one doesn't prevent others from using them.
Legally, Article 810 of the Civil Code defines a good as anything that can be the object of
rights, susceptible to use and appropriation, having value or linked to economic utility or
interests protected by law. Economically, a good has use or exchange value, while legally, it
is the right over the thing that is valuable. Unlike common law, civil law separates the right
from the object, with real rights referring to rights over things.
Types of Goods
Tangible and Intangible: Tangible goods are physically perceptible and
economically valued, including natural energies. Intangible goods include rights (e.g.,
shares), financial instruments, data, databases, intellectual property (e.g., inventions,
trademarks), know-how, and media/service rights like TV or taxi licenses.
Movable and Immovable: Immovable goods are naturally or artificially fixed to the
soil (e.g., buildings, trees), while movable goods include all others, including energy.
The legal distinction affects contract form: immovable goods require written contracts
(public or private deed) for valid ownership transfer, whereas movable goods can be
transferred orally. Certain goods (e.g., vehicles, ships) must be recorded in public
registers.
Fungible and Non-Fungible: Fungible goods are interchangeable (e.g., money),
while non-fungible goods are unique (e.g., artworks, sentimental gifts). Ownership
transfer differs: fungible goods require separation or measurement; non-fungible
goods do not. For obligations, the loss of a fungible item doesn’t release the obligor,
but the loss of a non-fungible item may make performance impossible.
Present and Future: Present goods exist and can be directly owned. Future goods
don’t yet exist and are only subject to obligations (e.g., a house under construction).
Fruits: Natural fruits (e.g., crops) come from another good without altering it and
become goods upon separation. Civil fruits (e.g., rent, interest) are periodic returns
from another’s use and accrue daily.
Real Rights and Property
Real rights are direct, absolute, and inherent rights over things. They allow the holder to act
independently of others and are enforceable against all. Real rights are limited in number and
legally defined (typicality). Central among them is property, defined in Article 832 of the
