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2018 Course Outline in Property
2018 Course Outline in Property
(Part I)
DEFINITION
As a course in law, property is that branch of civil law which classifies and
defines the different kinds of appropriable objects, provides for their acquisition
and loss. It treats of the nature and consequences of ownership and possession of
real rights.
I Classification
Criminal Law
E Commerce
Form of contracts
Prescription
Action and Venue
Taxation
1.c. By Ownership
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Property Outside the Commerce of Man
Property Cannot be the Subject of Acquisitive Prescription
Property Cannot be Attached or Levied upon in Execution
Property Cannot be Burdened with a Voluntary Easement
a. Corporeal (tangible)
b. Incorporeal (intangible)
a. Principal
b. Accessory
a. Consumable
b. Non-Consumable
a. Fungible (replaceable)
b. Non-fungible (irreplaceable)
1.b.5. By its susceptibility to Division
a. Divisible
b. Indivisible
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1.b.6. By reason of Designation
a. Generic
b. Specific
a. Present
b. Future
Cases:
Laurel vs. Garcia (EN BANC) G.R. No. 92013 & 92047. July 25, 1990
Davao Sawmill Co. vs. Castillo, 61 Phil 709.
Chavez vs Public Estates Authority GR 133250, July 9, 2002
( read also the Decision of November 11, 2003)
Heirs of Malabanan vs Republic GR No. 179987 April 29, 2009 and
the Decision of September 3, 2013 on the Motion for Reconsideration
II. OWNERSHIP
A. Definition
B. Kinds of Ownership
a. Full ownership
b. Naked ownership
c. Sole Ownership
d. Co-ownership
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includes . . . the right to possess (jus possidendi)
the right to use (jus utendi)
the right to the fruits (jus fruendi)
Object of recovery
D. Other Specific Rights Found in Civil Code 249, 430, 437, 438,
444
- the right to exclude and enclose is subject to Art. 431 and the
“state of necessity” (Art. 432)
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D. Limitation of Real Right of Ownership
1. General Limitation
a. Police power
b. Taxation
c. Eminent domain
2. Specific Limitation
Cases: