Professional Documents
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Property Outilne
Property Outilne
Property Outilne
PROPERTY
Is an economic concept, meaning a mass of things useful to human activity and which are necessary to life, for which
reason they may be organized and distributed in one way or another, but, always for the good of the main.
In order that a thing may be considered as property:
o Utility – capacity to satisfy human wants
o Individuality or Substantivity – an autonomous or separate existence; materials composing a thing are not
thing in themselves.
o Appropriability or susceptibility to appropriation
1. Lands, buildings, road and constructions of all kinds adhered to the soil.
2. Trees, plants, growing fruits while they are attached to the land or form an integral part of an immovable
3. Everything attached to an immovable in a fixed manner, in such a way that it cannot be removed 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
5. Machineries, receptacles, instruments and implements intended by the owner of the tenement for industry or
works which may be carried on in a building or on a piece of land, and which tends directly to meet the needs of
the said industry or works
6. Animal houses, pigeon houses, beehives, fish ponds or breeding places of similar nature, in case their owner
has 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;
7. Fertilizer actually used on a piece of land
8. Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or
stagnant
9. Docks and structures which, though floating are intended by their nature and object to remain at a fixed place
on a river, lake or coast
10. Contract for public works and servitudes and other real rights over immovable property
Art 415, Par 1 Land, buildings, road and constructions of all kinds
Art 415, Par 8 Mines, quarries and slag dumps
b. By Incorporation
c. By Destination
Art 415, Par 4 Statues, reliefs, paintings and other objects for use or ornamentation
Art 415, Par 5 Machines, receptacles, implements and instruments
Art 415, Par 6 Animal houses, pigeon-houses, beehives, fishponds and breeding places of similar nature
Art 415, Par 9 Docks and structures
d. By Analogy
Art 415, Par 10 Contracts for public works, servitudes and other real rights over immovable property
WHAT ARE MOVABLE PROPERTIES
WHAT ARE THE EFFECTS AND SIGNIFICANCE OF CLASSIFICATION OF PROPERTY AS PROPERTY OF PUBLIC
DOMINION
OWNERSHIP
It is independent right of exclusive enjoyment and control of a thing for the purpose of deriving therefrom all the
advantages required by the owner but subject to the restrictions
Jus Utendi – right to use and enjoy the property without destroying its substance
Jus Abutendi – right to use and enjoy by consuming the thing by its use
Jus Fruendi – right to receive the fruits
Jus Disponendi – right to dispose or the power of the owner to alienate, encumber, transform and even destroy the
thing owned
Jus Vindicandi – right to recover a thing
JUS Accesionis- right to accessions
Right to hidden treasure
WHAT ARE THE ACTIONS TO RECOVER POSSESSION AND/OR OWNERSHIP (JUS VINDICANDI)
REQUISITES:
Person defending must be the owner or lawful possessor
Use of reasonable force
Only be exercised at the time of actual or imminent dispossession
Actual or threatened physical invasion or usurpation is unlawful
WHAT IS ACCESSION
ACCESSION-Right by virtue of which the owner of a thing becomes the owner of everything that the thing may
produce or which may be inseparably united or incorporated thereto, either naturally or principally.
ACCESSION DISCRETA- products of thing owned by a person (Natural, industrial, civil fruits)
ACCESSION CONTINUA- incorporated or attached to a thing owned by a person
REAL PROPERTY- ACCESSION INDUSTRIAL (BPS)
ACCESION NATURAL (ALLUVION, AVULSION, RIVER, ISLAND)
ACCESION INDUSTRIAL
WHAT IS ADJUNCTION
REQUISITES
a. Union of two movable things belonging to different owners
b. In such a way that they form a single object
c. But one of the component things preserves its value
WHAT IS MIXTURE
REQUISITES
a. Two or more things are belonging to different owners
b. Are mixed or combined
c. The respective identities of the component parts are destroyed or lost
WHAT IS SPECIFICATION
REQUISITES
a. Takes place whenever the work of a person is done on the material of another
b. Such material undergoes transformation as a result of the work itself
QUIETING OF TITLE
CLOUD - have a semblance of validity which appears in some legal form but which is in fact unfounded
REQUISITES
1. Instrument, record, claim, encumbrance or proceeding which is apparently valid or effective
2. But such instrument is in truth and in fact, invalid and ineffective, voidable or unenforceable or has
been extinguished or barred by prescription
3. Such instrument may be prejudicial to title
ACTIONS OR REMEDIES
Quieting of Title- puts an end to vexatious litigation to the property involved. It focuses on the protection of title of owner
involving present adverse claim
Removing of cloud- the release of an instrument, encumbrance or claim which constitutes a claim in plaintiff’s title which may
be used to vex him in his enjoyment of title. Preventive in nature which is to remove cloud which may be used for future
actions
WHAT IS CO OWNERSHIP
Co- ownership is the state where an undivided thing or right belongs to two or more persons
Coownership may arise from other causes Partp are created only by a contract
Purpose is for collective enjoyment of the thing Purpose is to obtain profit
No legal personality Has distinct legal personality
No mutual representation Partner can bind partnership
Not dissolved by death Dissolved by death or incapacity
Distribution of profits must be proportional to the interest of Distribution of profit is subject to stipulation of partners
co owners
A stipulation that a coownership be created for a period of Partp may be created for a period of more than 10 years
more than ten years is void
In coownership there is freedom in the disposition of their A partner cannot transfer his rights to 3rd person without the
share consent of others