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The Study Guide On The Law On Property
The Study Guide On The Law On Property
Property
Property all things which are or may be appropriated. [Art. 414]
Appropriation to appropriate or set apart; to
have dominion over a thing Art. 414. All things
which are or may be
the object of
appropriation are
Classification of Things:
considered either:
1. Res nullius or belonging to no one these 1) Immovable or real
are things which have yet to be appropriated such property; or
as wild animals (ferae naturae) or abandoned
things (res derelictae) 2) Movable or personal
Property includes
1. Movable Attributes of
Dominion:
2. Immovable
P-E-D-R-O
b. Ownership is it owned by an individual or the
P possession
State
E enjoyment
1. public dominion
D disposal
2. private dominion
1. present property
2. future property
1. tangible or corporeal
2. intangible or incorporeal
f. Importance
1. principal
2. accessory
g. Capability of Substitution
1. fungible (capable)
2. non-fungible (incapable)
h. Nature
2. Free
Characteristics of Property
2. S susceptibility to appropriation
Chapter 1:
Immovable Property
Juridical Classification of Immovable
Properties (NIDA) Art. 415. The following
are immovable
1. By Nature property:
1. Land, buildings,
roads, and
constructions of all
kinds adhered on soil;
3. Everything attached
to the immovable in a
fixed manner, in such a
way that it cannot be
separated therefrom
without breaking the
material or
deterioration of the
object;
4. Statues, reliefs,
paintings or other
objects for use or
ornamentation, placed
in buildings or on lands
by the owner of the
immovable in such a
manner that it reveals
the intention to attach
them permanently to
the tenements;
The Study Guide on the Law on Property
6. Animal houses,
pigeon-houses,
beehives, fish ponds or
breeding places of
similar nature, in case
the owner placed them
or preserves them with
the intention to have
them permanently
attached to the land
and forming a
permanent part of it;
the animals in these
places are included;