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    Title I - Property Classification (According To Mobility)

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    Elden Cunanan Bonilla
    The document outlines different classifications and aspects of property ownership. It discusses the classification of property as immovable (real property) and movable (personal property). It also describes the attributes and limitations of ownership, including the rights to possess, use, enjoy fruits, dispose of, and exclude others from one's property. The document provides details on actions that can be taken to recover possession of property, as well as limitations and restrictions that can be placed on ownership.

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    © All Rights Reserved
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    Title I - Property Classification (According To Mobility)

    Uploaded by

    Elden Cunanan Bonilla
    202 views4 pages
    The document outlines different classifications and aspects of property ownership. It discusses the classification of property as immovable (real property) and movable (personal property). It also describes the attributes and limitations of ownership, including the rights to possess, use, enjoy fruits, dispose of, and exclude others from one's property. The document provides details on actions that can be taken to recover possession of property, as well as limitations and restrictions that can be placed on ownership.

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    Property

    Original Title

    Property

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    The document outlines different classifications and aspects of property ownership. It discusses the classification of property as immovable (real property) and movable (personal property). It also describes the attributes and limitations of ownership, including the rights to possess, use, enjoy fruits, dispose of, and exclude others from one's property. The document provides details on actions that can be taken to recover possession of property, as well as limitations and restrictions that can be placed on ownership.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    202 views4 pages

    Title I - Property Classification (According To Mobility)

    Uploaded by

    Elden Cunanan Bonilla
    The document outlines different classifications and aspects of property ownership. It discusses the classification of property as immovable (real property) and movable (personal property). It also describes the attributes and limitations of ownership, including the rights to possess, use, enjoy fruits, dispose of, and exclude others from one's property. The document provides details on actions that can be taken to recover possession of property, as well as limitations and restrictions that can be placed on ownership.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 4

    Title I PROPERTY

    Classification (according to mobility):


    1. Immovable real property
    2. Movable personal property

    Requisites:
    1. Utility
    2. Individuality/Substantivity
    3. Susceptibility of appropriation

    Real Rights
    1. no passive subject claim against whole world
    2. object is corporeal thing (obligation)
    3. creates juridical relations through mode & title
    4. extinguished through loss or destruction of thing

    Personal Rights
    1. Passive and active subject
    2. Object is an intangible thing (specific thing)
    3. Creates juridical relations through title
    4. Not extinguished through loss or destruction of thing

    Immovable property
    1. By nature cannot be moved from place to place because of their
    nature
    a) land, buildings & all kinds of constructions adhered to soil
    b) mine, quarries
    2. By incorporation essentially movables but attached to an
    immovable that it becomes an integral part of it
    trees, plants & growing fruits adhered to soil
    everything attached to an immovable that it will break if
    separated
    statues, paintings if intended by owner to be integral part of
    immovable
    animal houses if intended by owner to become permanently
    attached to immovable
    3. By destination movables but purpose is to partake of an integral
    part of an immovable
    machinery placed by owner of the tenement & tend directly to meet
    the needs of such works/industry
    fertilizers when applied to soil
    docks & floating structures
    4. By analogy/by law contracts for public works, servitude & other
    real rights over immovable property

    Movable property
    1. susceptible of appropriation that are not included in enumeration
    in immovable
    2. immovable that are designated as movable by special provision of
    law
    3. forces of nature brought under control by science
    4. things w/c can be transported w/o impairment of real property
    where they are fixed
    5. obligations which involve demandable sums (credits)
    6. shares of stocks of agricultural, commercial & industrial entities
    although they may have real estate

    Classification of Movables
    1. consumable cannot be utilized w/o being consumed
    2. non-consumable

    Classification of Property (according to ownership):


    1. Public dominion
    intended for public use
    intended for public service of state, provinces, cities &
    municipalities
    Characteristics:
    outside the commerce of men cannot be alienated or leased
    cannot be acquired by private individual through prescription
    not subject to attachment & execution
    cannot be burdened by voluntary easement
    2. Private Ownership
    patrimonial property of state, provinces, cities, municipalities
    1. exist for attaining economic ends of state
    2. property of public dominion when no longer intended for public
    use/service declared patrimonial
    property belonging to private persons individually or collectively
    Title II OWNERSHIP

    Chapter 1: OWNERSHIP IN GENERAL

    Definitions of Ownership
    Independent and general right of a person to control a thing
    particularly in his possession, enjoyment, disposition, and recovery,
    subject to no restrictions except those imposed by the state or
    private persons, without prejudice to the provisions of the law.
    Power of a person over a thing for purposes recognized by law &
    within the limits established by law

    Attributes:
    1. Jus possidendi right to possess
    2. Jus utendi right to enjoy
    3. Jus fruendi right to fruits
    4. Jus abutendi right to use and abuse
    5. Jus disponendi right to dispose
    6. Jus vindicandi right to exclude others from possession of the
    thing

    Actions for possession:

    1. movable replevin (return of a movable)

    2. immovable

    forcible entry used by person deprived of possession through


    violence, intimidation (physical possession, 1 year unlawful
    deprivation)

    unlawful detainer used by lessor/person having legal right


    over property when lessee/person withholding property refuses
    to surrender possession of property after expiration of
    lease/right to hold property (physical possession, 1 year from
    unlawful deprivation)

    accion publiciana plenary action to recover possession

    accion reinvindicatoria recovery of dominion of property as


    owner
    7. Principle of self-help self defense
    Elements:

    Person exercising rights is owner or lawful possessor


    There is actual or threatened unlawful physical invasion of his
    property
    Use force as may be reasonably necessary to repel or prevent it
    Available only when possession has not yet been lost, if already
    lost resort to judicial process
    May be exercised by 3rd person negotiorum gestio
    8. Right to enclose or fence w/o detriment to servitude constituted
    9. Right to surface & everything under it only as far as necessary for
    his practical interest (benefit or enjoyment)
    10. Right to hidden treasure found in own property
    hidden and unknown movables w/c consist of money or precious
    objects
    owner is unknown
    by chance if property owner is state belongs to finder; also
    if in anothers property; the finder must not be trespasser

    Limitation on Ownership
    1. general limitations for the benefit of the state (eminent domain,
    police power, taxation)
    2. specific limitations imposed by law (servitude, easements)
    3. specific limitations imposed by party transmitting ownership (will,
    contract)
    4. limitations imposed by owner himself (voluntary servitude,
    mortgages, pledges)
    5. inherent limitations arising from conflicts with other similar rights
    (contiguity of property)
    6. owner cannot make use of a thing which shall injure/prejudice
    rights of 3rd persons (neighbors)
    7. acts in state of necessity law permits injury or destruction of
    things owned by another provided this is necessary to avert a
    greater danger (with right to indemnity vs. principle of unjust
    enrichment)
    8. true owner must resort to judicial process when thing is in
    possession of another; law creates a disputable presumption of
    ownership to those in actual possession
    identify property
    show that he has better title

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