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CIVIL CODE OF SAINT LUCIA
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CHAPTER SECOND MOVABLES

Revised Laws of Saint Lucia (2022)

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CHAPTER SECOND
MOVABLES

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    341.   Property is movable by its nature or by determination of law.

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    342.   All bodies which can be moved from one place to another, either by themselves, as animals, or by extrinsic force, as inanimate things, are movable by nature.

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    343.   Materials arising from the demolition of a building, or of a wall or other fence, and those collected for the construction of a new one, are movable so long as they are not used.

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    But things forming part of a building, wall or fence, and which are only temporarily separated from it, do not cease to be immovable so long as they are destined to be replaced.

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    344.   Those immovables are movable by determination of law, of which the law for certain purposes authorises the conversion into movables: so are all obligations, although secured by mortgage, and actions respecting movable effects, including debts created or guaranteed by Saint Lucia or by corporations, also all shares or interests in financial, commercial or manufacturing companies, although such companies, for the purposes of their business, should own immovables. These immovables are reputed to be movable with regard to each partner, only so long as the company lasts.

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    345.   All rents, even constituted and life rents, and whether derived from real or personal property are movable except those resulting from emphyteusis.

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    346.   Leases of immovable property other than emphyteutic leases are movable.

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    347.   No ground-rent, or other rent, affecting real estate, can be created for a term exceeding 99 years, or the lives of 3 persons consecutively.

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    These terms having expired, the creditor of any such rent may exact the capital of it.

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    Such rents although created for 99 years, or for the lives of 3 persons, are, at all times, redeemable, at the option of the debtor, in the same manner as constituted rents to which they are assimilated.

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    348.   But it may be stipulated in the act creating constituted or other perpetual rents, that they shall only be redeemed at the end of a certain time agreed upon. But if such term exceeds 30 years the stipulation is void with respect to the excess.

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    349.   All rents except those derived from emphyteusis, those to which the creditor has only a conditional or limited right, and others in this chapter specially excepted, are redeemable at the option of the debtor, unless there be a special stipulation to the contrary.

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    350.   Life rents and other temporary rents at the termination of which no reimbursement of the capital is to take place are not redeemable at the option of either of the parties alone.

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    In the Twelfth Book of the Third Part, a mode is provided for the redemption of life rents when it is compelled under judicial proceedings.

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    Temporary rents, other than life rents, and not subject to the reimbursement of the capital, are estimated in like case in the same manner as life rents.

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    351.   When a rent, subject to the reimbursement of the capital, is redeemable, the sum payable for the redemption, when not determined by agreement or otherwise is the original capital for which the rent is consideration; or if the rent was created in respect of a thing other than money, the value in money of such thing. But if the amount of the capital or the value as aforesaid do not appear, the redemption is effected by the payment of a sum sufficient, if bearing interest at the rate of 6 per centum per annum, to produce interest equal to the rent.

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    352.   The word “furniture” comprises only the movables which are destined to furnish and ornament apartments, such as tapestry, beds, seats, mirrors, clocks, tables, china and other objects of a like kind.

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    It also comprises pictures and statues, but not collections of pictures which are in galleries or particular rooms.

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    As regards china, likewise, only that which forms part of the decoration of a room comes under the denomination of furniture.

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    In the sale or the gift of a “furnished house” the word “furnished” comprises no other movables than furniture.

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    353.   The sale or gift of a house with all that it contains, does not comprise ready money, nor debts due or other rights the titles to which happen to be in the house. It comprises all other movable effects.

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