Roiniñolym V.

Diola
Property
Concept of thing and property

A thing is generally understood to be any object that exist and is capable of satisfying
some human needs. It includes both objects that are already possessed or owned and those
that are susceptible of appropriation.
On the other hand, property refers to any thing which is already the object of a
appropriation or is found in the possession of man.

Requisites of property
- UTILITY – capacity to satisfy some human wants, such as food, shelter, clothing,
knowledge, comfort, recreation, etc. This utility which is generally economic
endows property with value susceptible of pecuniary estimation.
- SUBSTANTIVITY – the quality of having existence apart from any other thing.
Thus, parts of the human body such as the hair, blood, and teeth cannot exist by
themselves independent of the body; they become property only when separated
from the body of the person to whom they belong
- APPPROPRIATABILITY – the susceptibility of being possessed by men
Rights as property
The word property is used sometimes to denote the thing with respect to which legal
relations between persons exist and sometimes to the rights with respect to the thing.
Such rights which are considered property are of two kinds: REAL and PERSONAL.
Real rights
A real right is the right or interest belonging to a person over a specific thing without
a definite passive subject against whom such right may be personally enforced.
Personal Right
A Personal Right is the right or power of a person to demand from another as a
definite passive subject, the fulfilment of the latter’s obligation.
Distinctions between REAL RIGHT and PERSONAL RIGHT
- In real right, there’s a definite active subject who has a right against all persons
generally as an indefinite passive subject, while in personal right, there is a
definite active subject and a definite passive subject.
- In real right, the object is generally a corporeal thing, while in personal right, it is
always an incorporeal thing.
- In real rights, he generally acts directly, while in personal right, he acts indirectly
through the promise of the obligor.
- Real rights are created by mode and title, while personal rights are created merely
by title.
- Real right is extinguished by the loss or destruction of the thing over which it is
exercised, while personal rights survives the subject matter.
- Real right is directed against the whole world, giving rise to real action against
third persons, while personal right is binding only against a particular person.
Classification into real property and personal property.
- Art. 414 gives the most fundamental juristic classification of things considered
with respect to ownership. It is based on the nature of the thing itself, that is, its
mobility or immobility.
- The civil code does not define real and personal property but goes by way of
enumeration. Real properties are those enumerated in Art. 415, and personal
properties are those in Art 416 and 417
- Generally, real properties are things that are permanently or intended to be
transferred from place to place, or if they can be transferred, the transfer cannot be
done without damage, otherwise, they are personal property.
Importance of classification
- The general rule is that immovables are governed by law of the country in which
they are located, whereas movables are governed by the personal law of the owner
which in some cases is the law of the nationality or domicile.
- Usurpation of property can take place only with respect