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August 11, 2016.

Property is the sole and despotic dominion which one man claims and
exercises over the external things of the world in total exclusion of the right
of any other individual in the universe.
Property is the right to possess, use, enjoy, dispose a thing.
free use and enjoyment of a person of his acquisition without any control or
diminution except the law of the land.
Aggregrates of rights which are guaranteed and protected by the
government.
It indicates the thing itself rather than the rights attached to it.
ownership of a property is equal to its use as long as it is not a nuisance.
All things are not the subject of property such as wind, water etc. ( everyone
has the right to enjoy it but no one owns it)
When things are fully our own or when all others are excluded from meddling
with them or interfering with it, it is plain that no person besides the
proprietor who has an exclusive right may dispose or enjoy such thing.
So that, property, considered an exclusive right to a thing, contains the right
to use and dispose a thing. ( either trading, throwing away, giving away of a
thing).
Absolute and qualified property
o Qualified if only held at the time being and may be lost. The right
which men have over wild animals which they have reduced to their
own power. It is theirs while they have possession over it but if they
lose possession, they also lose ownership.
o Absolute, even if it is lost, you still own it. You are the only owner of
that property. That which is our own without any qualifications
whatsoever.
Corporeal and Incorporeal
o Corporeal there is a matter, volume, body, it is something that
exists in the physical sense. It comprehends such proprety as such is
sensible by the senses.
o Incorporeal legal rights, easements, usually it does not have a
body, cannot be held by the senses.
Use is the real use of property.
Right of use also includes the right to exclude others.
The moment the owner loses his possession. he loses his right to ownership
over it ( This is a fallacy, common law, does not have doctrinal basis
everytime, only applicable some times)
The laws of possession, does not impair the right of property. The owner may
recover the thing within a certain time provided.
accretion, what your immovable produces, belongs to you.
Movables subjects of property which attends a man's person no matter
where he goes. It may be carried from one place to another.
Possession of a movable property is prima facie title thereto.

Title to personal property is acquired:


o original acquisition by occupancy ( capture in times of war or finding of
lost things)
o Accession, the owner of the principal is also the owner of the
accessory.
o By original acquisition by intellectual labor ( patents)
o By transfer by forfeiture, by judgment ( By inheritance is an example)
o By transfer by act of the party ( gift or by sale)
How is property lost
o by the act of man
giving it away
abandonment
o operation of law
forced sale ( debt of a debtor)
Confirmation of a sentence of a criminal court.
By prescription
by Civil Debt
By capture of a public enemy
o act of God

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