Law of Property I

Tr. Khin
Contents

01 Definition and Nature of Thing and Property

• Nature of Thing
• Natrue of Property

02 Classification of Property
• Immovable Property
• Movable Property
• Divisible Things
• Indivisible Thing
• Thing Outside of Commerce
Introduction

• To run a business, some properties (a place of business & some equipment to work) are required.

• E.g. a desk, personal computer, telephone

• Properties are objects of right

• A person can claim the ownership or possession over.

• Property has different meanings in different countries.

 01
Definition and Nature of Thing and Property
Definitions
● Section 137 – “Things are corporeal objects”

● Section 138 – “ Property includes thing as well as incorporeal objects, susceptible of

having value and of being appropriated.”

● To understand clearly what thing or property is – both Sections are needed to read.

● “A property” has a broader scope than “a thing” because thing is included in the definition
of the property.
 Nature of Thing Nature of Property

Thing – Threes elements Property – Three elements

1. Thing is corporal object, 1. Property can be both corporal and incorporeal objects

2. Thing is susceptible of having value and 2. Property is susceptible of having value and

3. Thing is susceptible of being appropriated 3. Property is susceptible of being appropriated.

Property can be both corporal and incorporeal objects

● Corporal object – an object having material existence

○ It is physical object which is perceptible by the senses of sight and touch
○ Must have a body, shape, and form – can be seen and handled
○ E.g., car, house, animal, picture, pencil, watch, and dress
○ The broader definition – corporeal object as well as incorporeal object

● Incorporeal object – the object which has not material existence

○ no body, shape, or form
○ unable to see or handle in reality
○ E.g., gas, forces of nature (wind power, water power, and nuclear power), every
kinds of right (copyright, trademark, patent and business goodwill
 Thing and Property are susceptible of having value

● Value is a price or an economic value

○ E.g., a valuable diamond stone – price is very expensive

● In legal sense,
○ having value – not only as price but also value to mind or emotion
● Thing and property – something – the owner loves and want to keep or collect them for whatever
reasons
○ When someone destroys them, it causes an adverse effect to the emotion or sense of the
owner
○ E.g., a love letter, a picture of ex-girlfriend, a used movie ticket, a dead body donated for
medical study, a dead body of well known person, a donated human organ, and hair

● Remark: A human being is not claimed as a property or thing because a person is a subject of law
which prohibits selling and buying a human being
Thing and Property are susceptible of being appropriated

● Being appropriated – a taking or seizing of property or thing by a person for his/her own
○ Not only mean to grab in hands but also any act to protect thing or property for himself
○ To exclude others from bothering his rights
○ E.g., keeping or growing fish in floating basket or concession of rights

● An appropriation – either from the ownership or possession

● Ownership and possession are different - E.g.,

○ When you buy a house, you can use and live in the house as the owner (ownership)
○ When you rent a house, you have right to use or live in it without getting the ownership
(possessive right)
Notes

1. The sun, moon and star –

○ corporeal objects – not thing or property because – not possession or ownership of
anyone
○ The principle – in the international law – all objects in the space are common
heritage of mankind

2. Not subject to national appropriation by any means

○ The air surrounding the earth is not the property because it cannot be appropriated
○ Purified air in a can or air from the air pump is claimed as the property because it is
appropriated
 02
Classification of Property
Categories of Property

● In common law countries – two main categories

○ Real property and personal property

● Real property – the earth’s crust and all things firmly attached to it (land / building)

● Personal property – all other objects and rights – capable of ownership

○ Covering movable property – tangible or intangible

● According to the CCC, five types of property

○ Immovable Property
○ Movable Property
○ Divisible Things
○ Indivisible Thing
○ Thing Outside of Commerce
Immovable Property

● Section 139. Immovable property denotes land and things fixed permanently to land or
forming a body therewith. It includes real rights connected with the land or things fixed
to or forming a body with land.
● Four kinds of immovable property
1. Land
2. Things fixed to land permanently
3. Thing forming a body with land naturally
4. Real rights connected with immovable property

1. Land: the earth’s surface, ground, including mountain, beach and island
2. Things fixed to land permanently
● must be fixed tightly or firmly to land, not easily moved
○ may fix to the land by nature or by man-made

1) Thing fixed to land by nature – created in the land naturally (rocks naturally grown,
mango tree, bamboo)
○ A tree – a perennial tree – more than 3 years or for an unlimited period of time
(immovable property)
○ Crops – may be harvested one or more times a year (movable property)

2) Things fixed to land by man-made – things – building, bridge, monument, flag pole,
pagoda
○ Fixed to the land tightly and permanently – not necessarily forever
○ A bench in the park – not immovable property – because not fixed firmly to the land
○ A machine in factory – a moveable object
○ An intention of a person bringing a thing to attach to the ground – not considered as
fixed permanently
3. Thing forming a body with land

● A thing formed in or on the land and joining as part of the land.

● Two things

1) Thing forming a body with land naturally – mineral, stone, sand, river, lake, swamp
and waterfall

2) Thing forming a body with land by man-made – road, dam and artesian
■ Thing buried in the ground – money, valuable thing, or antique object
● not part of land – not claimed as immovable property
 4. Real rights connected with immovable property
● Real rights are rights to claim on property. Many kinds of real rights -

1. Ownership of the immovable property – the right to be an owner of the immovable property
○ E.g., Mr. Art bought a house – can enjoy all rights – use, transfer, destroy or receiving rent out of it

2. Possession of immovable property – the right to possess the property

○ possession may be transferred from the letter to the hirer
○ Hirer have rights to possess and use that property

3. Habitation – the right to occupy a building as a dwelling place without paying rent

4. Servitude – the rights created by the owner for the benefit of another person
○ The owner refrains from enjoying his rights inherent in his ownership – e.g.
○ Mr. Eddy owns a land / divide the inner land to sell to Mr. Boon who has no way to exist to the road
○ Mr. Eddy must refrain form enjoying his rights which open for Mr. Boon – exist to the road

5. Superficies – the right created by the owner of a piece of land in favor of another person
Moveable Property

● Section 140. Movable property denotes things other than immovable property. It includes
rights connected therewith.

● Two kinds of movable property

1) Thing other than immovable property
○ Moved from one place to another whether by its own force or by external force
○ After being moved – that property is not destroyed
○ E.g., pencil, car, animal, desk including forces of nature (gas, electric current)

2) Rights connected with movable property

1. The ownership of movable property
2. The right of possession of movable property
3. The right in the intellectual property
 Differences between Immovable and Movable Property
1) Mobility
○ Immovable – cannot move or cannot be moved easily
○ Movable – can be taken from one place to another

2) Rights connected to the property

○ Some kinds of right can be created only on the immovable property (mortgage, habitation
and servitude)
○ Some kinds of right can be created only on the movable property (pledge)

3) Length of time for the adverse possession

○ A person can acquire the ownership a property by an adverse possession.

4) Form of juristic act

○ A juristic relating to immovable property – in the form prescribed by law (writing / registered)
○ A juristic relating to movable property – not require any form

5) Extent of ownership
○ Immovable – a land has an extent of ownership
○ Movable – no extent of ownership
Divisible Things

● Section 141. Divisible things are those which can be separated into real and distinct

portions, each forming a perfect whole.

○ Things can be separated

○ After the separation, each portion retains identity like the thing before

○ E.g., land, oil, rice and paper

Indivisible Thing

● Section 142. Indivisible things are those which cannot be separated without alteration in its

substance as well as those which are considered indivisible by law

1) Thing cannot be separated without alteration in its substance (house, shirt, TV set, watch, fan)

2) Thing is considered indivisible by law (a share of a limited company, component parts, a right of

servitude)
Thing Outside of Commerce

● Section 143. Things outside of commerce are things incapable of appropriation, and

those legally inalienable.

● Things outside of commerce are things – the ownership cannot be created or applied to it

● Two kinds of thing outside of commerce

1) Things incapable of appropriation (the sky, the sun, the moon, the air)

2) Things legally inalienable – the law prohibits to be transferable (domain public of

state, forest preserved for the common use, Buddhist temple.

Thank You!