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Civil Law - Property: Title I - Property Classification (According To Mobility)
Civil Law - Property: Title I - Property Classification (According To Mobility)
AUG 9
Posted by Magz
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Title I PROPERTY
Classification (according to mobility):
Immovable real property
Movable personal property
Requisites:
Utility
Individuality/Substantivity
Susceptibility of appropriation
Real Rights
no passive subject claim against whole world
object is corporeal thing (obligation)
creates juridical relations through mode & title
extinguished through loss or destruction of thing
Personal Rights
Passive and active subject
Object is an intangible thing (specific thing)
Creates juridical relations through title
Not extinguished through loss or destruction of thing
Immovable property
By nature cannot be moved from place to place because of their nature
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4.
works/industry
fertilizers when applied to soil
docks & floating structures
By analogy/by law contracts for public works, servitude & other real rights over immovable
property
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Movable property
susceptible of appropriation that are not included in enumeration in immovable
immovable that are designated as movable by special provision of law
forces of nature brought under control by science
things w/c can be transported w/o impairment of real property where they are fixed
obligations which involve demandable sums (credits)
shares of stocks of agricultural, commercial & industrial entities although they may have real
estate
Classification of Movables
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Public dominion
intended for public use
intended for public service of state, provinces, cities & municipalities
Characteristics:
outside the commerce of men cannot be alienated or leased
cannot be acquired by private individual through prescription
not subject to attachment & execution
cannot be burdened by voluntary easement
2.
Private Ownership
patrimonial property of state, provinces, cities, municipalities
1.
2.
Title II OWNERSHIP
Chapter 1: OWNERSHIP IN GENERAL
Definitions of Ownership
Independent and general right of a person to control a thing particularly in his possession,
enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the
state or private persons, without prejudice to the provisions of the law.
Power of a person over a thing for purposes recognized by law & within the limits established
by law
Attributes:
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forcible entry used by person deprived of possession through violence, intimidation (physical
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Elements:
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owner is unknown
by chance if property owner is state belongs to finder; also if in anothers property; the
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general limitations for the benefit of the state (eminent domain, police power, taxation)
specific limitations imposed by law (servitude, easements)
specific limitations imposed by party transmitting ownership (will, contract)
limitations imposed by owner himself (voluntary servitude, mortgages, pledges)
inherent limitations arising from conflicts with other similar rights (contiguity of property)
owner cannot make use of a thing which shall injure/prejudice rights of 3 rd persons (neighbors)
acts in state of necessity law permits injury or destruction of things owned by another
provided this is necessary to avert a greater danger (with right to indemnity vs. principle of
unjust enrichment)
8.
true owner must resort to judicial process when thing is in possession of another; law creates
a disputable presumption of ownership to those in actual possession
identify property
Accession owner of thing becomes owner of everything it may produce or those which may be
incorporated or united thereto
1.
principle of justice
2.
accessory follows the principal
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Obligation of owners:
Immovables accretion
Alluvion owner of lands adjoining banks of river belongs the accretion gradually received from
effects of the waters current
Requisites:
deposit is gradual & imperceptible
made through effects of current of water
land where accretion takes place is adjacent to banks of river
Rights of riparian owner
Avulsion transfer of a known portion of land from one tenement to another by force of
current of waters
Rights of riparian owner
Right to portion of land transferred if not claimed by owner within 2 years (prescription)
Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for
necessary expenses for gathering them & putting them in safe place
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owner of both margins if island is in the middle (divided into halves longitudinally)
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Right
Right
Right
Right
GOOD FAITH)
1.
Appropriate as his own after paying for indemnity
2.
Oblige the planter, builder to pay for price of land or rent, except when value of lands is
greater than thing built convert to rent
Right of Builder in good faith before payment of indemnity of owner in good faith
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Right
Right
Right
Right
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Right to be indemnified for value of materials irrespective of good faith or bad faith of builder
or owner; if builder has no property, owner is subsidiarily liable
2.
When builder is in bad faith & owner in good faith & owner compel builder to remove
improvements, owner is not subsidiarily liable
3.
When 3rd person is paid by builder, builder may demand from landowner the value of labor &
materials
b) Movables
1.
Conjunction / adjunction 2 movable things which belong to different owners are united to
form a single object
Rights:
1.
If both are in good faith owner of principal acquired the accessory with indemnification
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If both are in good faith may separate them if no injury will be caused; if value of accessory is
greater than principal, owner of accessory may demand separation even if damages will be
caused to the principal (expenses to be borne by one who caused the conjunction)
If owner of accessory is in bad faith owner of accessory with damages to principal
If owner of principal is in bad faith owner of accessory shall have option of principal paying
value of accessory or removal of accessory despite destruction of principal
Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent
may demand that a thing equal is kind, value and price
Specification One employs the materials of another in whole or in part on order to make a
thing of a different kind; transformation
Rights:
If person who made the transformation is in good faith he shall appropriate the thing
transformed as his own with indemnity to owner of material for its value
If material is more precious than transformed thing owner of material may appropriate the
new thing to himself after indemnity paid to labor or demand indemnity for materials
If person who made the transformation is in bad faith, owner of material shall appropriate the
work to himself w/o paying maker or demand indemnity for value of materials & damages
If transformed thing is more valuable than material, owner of material cannot appropriate
Commixtion / confusion 2 things of the same or different kinds are mixed & are not separable
w/o injury
Rights:
1.
If both owners are in good faith Each owner shall acquire a right proportional to the part
belonging to him (vis-a-vis the value of the things mixed or confused)
2.
If one owner is in bad faith he shall lose the thing belonging to him plus indemnity for
damages caused to owner of other thing mixed with his thing
3.
If both in bad faith no cause of action against each other
Reasons:
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prevent litigation
protect true title & possession
real interest of both parties which requires that precise state of title be known
Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate
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constituting a on plaintiffs title which may be used to injure or vex him in the enjoyment of his
title
Cloud any instrument which is inoperative but has semblance of title
Requisites:
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Co-ownership
plurality of subjects many owners
unity of material (indivision) of object of ownership
recognition of ideal shares
Causes/Sources:
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law
contracts
succession
fortuitous event/chance commixtion
occupancy 2 persons catch a wild animal
Distinguished from partnership
partnership created only by agreement; co-ownership has many sources
purpose of partnership is to obtain profit; co-ownership is collective enjoyment of a thing
in partnership there is juridical personality distinct from individuals, none in co-ownership
partnership can be created for more than 10 years, not in co-ownership
partners cannot transfer rights w/o consent of other co-partners, not co-ownership
partnership extinguished when partner dies, not in co-ownership
distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but
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Right to make repairs for preservation of things can be made at will of one co-owner; receive
reimbursement therefrom; notice of necessity of such repairs must be given to co-owners, if
practicable
Right to full ownership of his part and fruits
Right to alienate, assign or mortgage own part; except personal rights like right to use and
habitation
Right to ask for partition anytime
Right of pre-emption
Right of redemption
Right to be adjudicated thing (subject to right of others to be indemnified)
Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be
allotted to one of them
Duties/Liabilities
Share in charges proportional to respective interest; stipulation to contrary is void
Pay necessary expenses and taxes may be exercised by only one co-owner
Pay useful and luxurious expenses if determined by majority
Duty to obtain consent of all if thing is to be altered even if beneficial; resort to court if nonconsent is manifestly prejudicial
Duty to obtain consent of majority with regards to administration and better enjoyment of the
thing; controlling interest; court intervention if prejudicial appointment of administrator
No prescription to run in favor co-owner as long as he recognizes the co-ownership; requisites
for acquisition through prescription
he has repudiated through unequivocal acts
such act of repudiation is made known to other co-owners
evidence must be clear and convincing
Co-owners cannot ask for physical division if it would render thing unserviceable; but can
terminate co-ownership
After partition, duty to render mutual accounting of benefits and reimbursements for expenses
Every co-owner liable for defects of title and quality of portion assigned to each of the coowner
Rights of 3rd parties
1.
creditors of assignees may take part in division and object if being effected without their
concurrence, but cannot impugn unless there is fraud or made notwithstanding their formal
opposition
2.
non-intervenors retain rights of mortgage and servitude and other real rights and personal
rights belonging to them before partition was made.
Title V POSSESSION
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tradicion constitutum possesorium (owner alienates thing but continues to possess depositary,
pledgee, tenant)
What can be subject of possession things or rights which are susceptible of being
appropriated
Degrees of possession:
1.
holding w/o title and in violation of right of owner
2.
possession with juridical title but not that of owner
3.
possession with just title but not from true owner
4.
possession with just title from true owner
Classes of ownership:
1.
in concept of owner owner himself or adverse possessor
Effects:
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in good faith not aware that there exist flaw in title or mode w/c invalidates it; mistake upon
doubtful question of law; always presumed; it may be interrupted by extraneous evidence or
suit for recovery of property of true owner
2.
in bad faith aware of defect
Minors/ Incapacitated
may acquire material possession but not right to possession; may only acquire them through
guardian or legal representatives
Acquisition
1.
cannot be acquired through force or intimidation when a possessor objects thereto resort to
courts
2.
the following do not affect acts of possession ( not deemed abandonment of rights ); possession
not interrupted
1.
acts merely tolerated
2.
clandestine and unknown acts
3.
acts of violence
Rights of possessor:
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Possessor in good faith has right to be reimbursed for useful expenses with right of retention;
owner has option of paying expenses or paying the increase in value of property which thing
acquired by reason of useful expenses
Possessor in good faith may remove improvements if can be done w/o damage to principal
thing- unless owner exercises option of paying; possessor in bad faith not entitled.
Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but
may remove them provided principal is not injured provided owner does not refund the amount
expended
Improvements caused by nature or time to inure to the benefit of person who has succeeded in
recovering possession
Wild animals possessed while in ones control; domesticated possessed if they retain habit of
returning back home
One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o
interruption
Liabilities/duties of Possessor
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Return of fruits if in bad faith fruits legitimate possessor could have received
Bear cost of litigation
Possessor in good faith not liable for loss or deterioration or loss except when fraud and
negligence intervened
4.
Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event
5.
Person who recovers possession not obliged to pay for improvements which have ceased to exist
at time of occupation
Loss of possession:
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1.
Unlawfully deprived or lost
2.
Acquired at public sale in good faith with reimbursement
3.
Provision of law enabling the apparent owner to dispose as if he is owner
4.
Sale under order of the court
5.
Purchases made at merchant stores, fairs or markets
6.
Negotiable document of title
1.
Even for time being he may not know their whereabouts, possession of movable is not deemed
lost
2.
When agent encumbered property without express authority except when ratified
3.
Possession may still be recovered:
Title VI USUFRUCT
Usufruct right to enjoy anothers property with correlative duty of preserving its form and
substance
1.
things movable/immovable
2.
rights provided it is not strictly personal
Kinds:
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18. Right to set-off improvements against damages he made against the property
19. Right to administer when property is co-owned; if co-ownership cease usufruct of part
allotted to co-owner belongs to usufructuary not affected
20. Right to demand the increase in value of property if owner did not spend for extraordinary
repairs when urgent & necessary for preservation of thing
Alienate thing
Cant alter form or substance
Cant do anything prejudicial to usufructuary
Construct any works Y make any improvement provided it does not diminish value or usufruct
or prejudice right of usufructuary
Obligations of usufructuary:
1.
Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who
have right to fruits should reimburse expenses incurred
2.
Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to
return in that state; except when there is fraud or negligence, then he shall be liable
3.
Before entering into usufructuary::
Posting of security
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2.
not applicable to parents who are usufructuary of children except when 2 nd marriage contracted
excused allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:
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12. Obliged to notify owner of act of 3rd person prejudicial to rights of ownership he is liable if he
does not do so for damages as if it was caused through his own fault
13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne by usufructuary
Obligations of owner
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5.
extraordinary expenses; usufructuary obliged to inform owner when urgent is the need to make
them
expenses after renunciation of usufruct
taxes & expenses imposed directly on capital
if property is mortgaged, usufructuary has no obligation to pay mortgage; if attached, owner to
be liable for whatever is lost by usufructuary
if property is expropriated for public use owner obliged to either replace it or pay legal
interest to usufructuary of net proceeds of the same
Extinguishment of usufruct
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7.
materials
both share in insurance if both pays premium; if only owner then proceeds will go to owner
only
effect if bad use of the thing owner may demand the delivery of and administration of the
should be reimbursed
security of mortgage shall be cancelled
OCCUPATION
1.
There should be a corporeal thing (tangible) which must have a corpus (body) & that thing
should have no owner
2.
There must be actual occupancy; thing must be subjected to ones control/disposition
3.
There must e an intention to occupy
4.
Accomplished according to legal rules
kinds of animals:
wild considered res nullius when not yet captured; when captured
domesticated animals originally wild but have been captured & tamed; now belong to their
capturer; has habit of returning to premises of owner; becomes res nullius if they lose that habit
of returning & regain their original state of freedom
domestic/tame animals born & ordinarily raised under the care of people; become res
nulliuswhen abandoned by owner
abandoned movables
Animals:
a)
Swarm of bees
owner shall have right to pursue them to anothers land (owner to identify latter for damages,
if any)
land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees
Domesticated animals
when they go to another breeding place, they shall be owned by the new owner
provided they are not enticed
Movables:
consist of (1) money, precious objects & 2) hidden & owner is unknown
finding must be by chance in order that stranger may be entitled to of the treasure
Movable found w/c is not treasure
PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time;
also a means by which one loses ownership, rights & actions; retroactive from the moment period
began to run
Kinds:
1. Acquisitive
1.
Extinctive
Who may acquire by prescription:
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private property
patrimonial property of the state
Things not subject to prescription:
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3.
public domain
in transmissible rights
movables possessed through a crime
4.
registered land
Renunciation of prescription:
persons with capacity to alienate may renounce prescription already obtained but not the right
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2.
ordinary
extra-ordinary
Requisites for ordinary prescription:
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in concept of an owner
public, peaceful, uninterrupted
Requisites for extra-ordinary prescription:
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4.
in concept of an owner
public, peaceful, uninterrupted
GOOD FAITH
Reasonable belief that person who transferred thing is the owner & could validly transmit
ownership
Must exist throughout the entire period required for prescription
JUST TITLE (TRUE & VALID) must be proved & never presumed
Titulo Colorado
Titulo putativo
title must be one which would have been sufficient to transfer ownership if grantor had been
the owner
through one of the modes of transferring ownership but there is vice/defect in capacity of
civil
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3.
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Present possessor may tack his possession to that of his grantor or predecessor in interest
Present possessor presumed to be in continuous possession I intervening time unless contrary is
proved
3.
First day excluded, last day included
TACKING PERIOD
PRESCRIPTION OF ACTIONS
mortgage action
upon a judgement
8 years
upon a quasi-contract
5 years
upon a quasi-delict
1 year
for defamation
Rights not extinguished by prescription:
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Characteristics of DONATION:
Requisites of Donation:
1.
Reduction in patrimony of donor
2.
Increase in patrimony of donee
3.
Intent to do act of liberality
4.
Donor must be owner of property donated
Requirements of a donation:
1.
subject matter anything of value; present property & not future, must not impair legitime
2.
causa anything to support a consideration: generosity, charity, goodwill, past service, debt
3.
capacity to donate & dispose & accept donation
4.
form depends on value of donation
Acceptance
1.
2.
3.
immovable must be in a public instrument & acceptance must also be in a public instrument
(in same instrument or in other instrument)
In case of doubt with regards to nature of donation: inter vivos
Badges of mortis causa:
Title remains with donor (full or naked ownership)& conveyed only upon death
Donor can revoked ad mutuum
Transfer is void if transferor survives transfer
Kinds of donation INTER VIVOS
pure/simple
remuneratory
conditional
onerous
Pure/Simple
Remuneratory
Conditional
Onerous
a) Consideration
Merits of doneeLiberality or merits of donee or burden/ charge of past services provided they do
not constitute demandable debtValuable consideration is imposed but value is less than value of
thing donatedValuable consideration givenb) law to apply/ forms
Law on donationsLaw on donationsExtent of burdenLaw on obligations
imposed>oblicon
excess>donationc) form of acceptance
RequiredRequiredRequiredRequiredd) reservation w/regards to personal support & legitime
ApplicableApplicableApplicableNot Applicablee) warranty against eviction & hidden defects
In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf) revocation
ApplicableApplicableApplicableApplicable
1. natural & juridical persons w/c are not especially disqualified by law
2. minors & other incapacitated
a) by themselves
1.
2.
3.
4.
the ff:
himself
relatives who by law are entitled to his support
legitimes shall not be impaired
when w/o reservation or if inofficious, may be reduced on petition of persons affected
except: conditional donation & donation mortis causa
except: future property
DOUBLE DONATIONS:
Rule: Priority in time, priority in right
REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations
With regards to donations made by person without children or descendants at time
of
donation:
1.
If donor should have legitimate, legitimated or illegitimate children
2.
If child came out to be alive & not dead contrary to belief of donor
3.
If donor subsequently adopts a minor child
Action for revocation based on failure to comply with condition in case of conditional donations
Donee commits offense against person, honor, property of donor, spouse, children
under his
parental authority
2.
Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he
should prove it unless act/crime has been committed against donee himself, spouse or children
under his parental authority
3.
Donee unduly refuses to give support to donor when legally or morally bound to give support to
donor
BIRTH OF CHILD
NON-FULFILLMENT
OF CONDITION
INGRATITUDE
Alienation/mortgages
done prior to recording in
Register of Deeds:
donor has instituted proceedings but dies before bringing civil action for revocation
donor already instituted civil action but died, heirs can substitute
donee killed donor or his ingratitude caused the death of the donor
Inofficious donations:
1.
shall be reduced with regards to the excess
2.
action to reduce to be filed by heirs who have right to legitimate at time of donation
3.
donees/creditors of deceased donor cannot ask for reduction of donation
4.
if there are 2 or more donation: recent ones shall be suppressed
5.
if 2 or more donation at same time treated equally & reduction is pro rata but donor may
impose preference which must be expressly stated in donation