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DIFFERENT MODES OF ACQUIRING OWNERSHIP

A. Definition
TITLE
Every juridical right which gives a means to the acquisition or real rights but
which in itself is insufficient
It merely requires the intent manifested in the form of a juridical act, such as
sale, barter, legacy, etc.
It is the remote cause of acquisition
MODE
The specific cause which produces dominion and other real rights as a result of
the co-existence of special status of things, capacity, and intention of persons
and fulfillment of the requisites of law
It is the proximate cause of acquisition

B.

Modes of acquiring ownership

1. Original Modes
a. Occupation
b. Intellectual Creation
c. Word

Those which produce the acquisition of ownership independent of any preexisting right of another person
Necessarily free from any burdens or encumbrances

2. Derivative Modes
Based on a right previously held by another person
Subject to the same characteristics, powers, burdens, etc. as when held by a
previous owner

MAY BE MADE BY:


o
Transfer

Transmission of the right in its entirety to another thereby


definitely losing the right