Beruflich Dokumente
Kultur Dokumente
Real Rights 1. 2. 3. no passive subject claim against whole world object is corporeal thing (obligation) creates juridical relations through mode & title
4. extinguished through loss or destruction of thing e.g. Registration 1. 2. 3. 4. 5. Real rights arises from (OPLUMEPARP) Ownership 6) Easement Possession 7) Pledge Lease 8) Antichresis Usufruct 9) Redemption Mortgage 10) Preemption
Personal Rights 1. 2. 3. Passive and active subject Object is an intangible thing (specific thing) Creates juridical relations through title
4. Not extinguished through loss or destruction of thing E.g. Action to recover sum of money or debt 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 a) trees, plants & growing fruits adhered to soil b) everything attached to an immovable that it will break if separated c) statues, paintings if intended by owner to be integral part of immovable d) 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 a) machinery placed by owner of the tenement & tend directly to meet the needs of such works/industry 1
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. 3. immovable that are designated as movable by special provision of law 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. 2. consumable cannot be utilized w/o being consumed non-consumable
Classification of Property (according to ownership): 1. Public dominion a) intended for public use b) intended for public service of state, provinces, cities & municipalities Characteristics: a) outside the commerce of men cannot be alienated or leased b) cannot be acquired by private individual through prescription c) not subject to attachment & execution d) cannot be burdened by voluntary easement 2. Private Ownership a) 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 b) property belonging to private persons individually or collectively
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 a) forcible entry used by person deprived of possession through violence, intimidation (physical possession, 1 year unlawful deprivation)
c) accion publiciana plenary action to recover possession d) accion reinvindicatoria recovery of dominion of property as owner 7. Principle of self help self defense
Elements: a) Person exercising rights is owner or lawful possessor b) There is actual or threatened unlawful physical invasion of his property c) 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
C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 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 a) hidden and unknown movables w/c consist of money or precious objects b) owner is unknown c) 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. 3. specific limitations imposed by law (servitude, easements) 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. 7.
owner cannot make use of a thing which shall injure/prejudice rights of 3rd persons (neighbors) 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 a) identify property b) show that he has better title Chapter 2: RIGHT OF ACCESSION
Accession owner of thing becomes owner of everything it may produce or those which may be incorporated or united thereto 1. principle of justice 2. accessory follows the principal
Accession continua accession to products of the thing Rights of owners: natural, industrial & civil fruits exception: possession in good faith by another, usufruct, lease, antichresis
C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. Alluvium - owner of lands adjoining banks of river belongs the accretion
gradually received from effects of the water's current Requisites: a. deposit is gradual & imperceptible b. made through effects of current of water c. land where accretion takes place is adjacent to banks of river Rights of riparian owner Right to accretion ipso facto no need to make an express act of possession
2. Owner of adjoining land to old bed shall have right to acquire the
same by paying its value value not to exceed the value of area occupied by new bed 3. Formation of island in non-navigable river a) owner of margin nearest to islands formed if nearest to it
b) owner of both margins if island is in the middle (divided into halves longitudinally) 4. building, planting & sowing
2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid 3. Right to damages and demolition even if with injury to work if owner of land is in bad faith
C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 Right of owner when another builds, plants or sows in his land:
OWNER & BUILDER BOTH IN GOOD FAITH 1. Appropriate as his own after paying for indemnity
2. Oblige the planter, builder to pay for price of land or rent, except when value of lands is greater than thing built convert to rent Right of Builder in good faith before payment of indemnity of owner in good faith 1. 2. Right to retain land & building Right not to be compelled to pay for rent
3. Right of retention ceases when obliged to pay for value of and if he fails to do so Right of owner in good faith when builder is in bad faith 1. 2. 3. 4. Right to appropriate what has been built w/o paying indemnity Order demolition of building Compel the builder to pay for price of land or rent Right to damages
Right of builder in bad faith when owner is in good faith Right to be reimbursed for necessary expenses for preservation of land Right of Builder in good faith when owner is in bad faith 1. 2. 3. Right to indemnity for value of building Right to damages Right to demolish w/o payment of indemnity
3.
When 3rd person is paid by builder, builder may demand from landowner the value of labor & materials b) Movables 6
C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. Conjunction / adjunction 2 movable things which belong to different
owners are united to form a single object Test to determine w/c one is the principal: a. that to w/c the other intended to be united as ornament or for its use of perfection b. value c. volume Rights:
C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001 1. If both owners are in good faith Each owner shall acquire a
right proportional to the part belonging to him (vis-a-vis the value of the things mixed or confused)
3. real interest of both parties which requires that precise state of title be known Action to quiet title put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally declares that defendants claim is w/o foundation when proper: 1. contract has been extinguished or terminated 2. contract has prescribed 3. remove cloud Action to remove cloud intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim constituting a on plaintiffs title which may be used to injure or vex him in the enjoyment of his title
Cloud any instrument which is inoperative but has semblance of title Requisites: 1. Plaintiff must have legal or equitable interest 2. Need not be in possession of property 3. Return to defendant all benefits received he who wants justice must do justice
Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING Liability for damages:
1.
3.
Causes/Sources: 1. law 2. 3. 4. 5. contracts succession fortuitous event/chance commixtion occupancy 2 persons catch a wild animal
a) b) c)
purpose of partnership is to obtain profit; co-ownership is collective enjoyment of a thing in partnership there is juridical personality distinct from individuals, none in co-ownership
d) e) f) g)
partners cannot transfer rights w/o consent of other co-partners, not coownership partnership extinguished when partner dies, not in co-ownership
distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but depends on ideal share/interest Rights of co-owners 1. Right to benefits proportional to respective interest; stipulation to contrary is void 2. Right to use thing co-owned a. for purpose for which it is intended b. without prejudice to interest of ownership c. without preventing other co-owners from making use thereof 3. Right to change purpose of co-ownership by agreement 4. Right to bring action in ejectment in behalf of other co-owner 5. Right to compel co-owners to contribute to necessary expenses for preservation of thing and taxes
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Title V: POSSESSION
Possession holding of a thing or enjoyment of a right 1. occupancy actual or constructive (corpus) 2. intent to possess (animus) How acquired:
2. 2 possessors one longer in possession 3. dates of possession the same one who presents a title 4. both have titles judicial resolution b. subject to action of our will- possession as a right 1. tradicion simbolica delivering object or symbol of placing thing under
control of transferee (keys)
2. tradicion longa manu pointing out to transferee the things which are
being transferred
c. proper acts and legal formalities established for acquiring rights donation,
sale What can be subject of possession things or rights which are susceptible of being appropriated
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5. in good faith not aware that there exist flaw in title or mode w/c invalidates it;
mistake upon doubtful question of law; always presumed; it may be interrupted by extraneous evidence or suit for recovery of property of true owner
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but is co-terminus with term of usufruct; fruits proportionate at duration of usufruct; but cant do acts of ownership such as alienation or conveyance except when property is: a. consumable b. intended for sale
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8. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein 9. Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by accident but obliged to plant anew 10. Right of usufructuary of woodland ordinary cutting as owner does habitually or custom of place; cannot cut down trees unless it is for the restoration of improvement of things in usufruct must notify owner first 11. Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner should clear & remove them if caused by calamity or extraordinary event impossible to replace them 12. Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property or real right 13. Right to necessary expenses
14. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part of owner; may remove improvement if can be done w/o damage 15. Right to set-off improvements against damages he made against the property 16. Right to administer when property is co-owned; if co-ownership cease usufruct of part allotted to co-owner belongs to usufructuary not affected 17. Right to demand the increase in value of property if owner did not spend for extraordinary repairs when urgent & necessary for preservation of thing Rights of naked owner 1. 2. 3. Alienate thing Cant alter form or substance Cant do anything prejudicial to usufructuary
4. Construct any works and make any improvement provided it does not diminish value or usufruct or prejudice right of usufructuary Obligations of usufructuary: 1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who have right to fruits should reimburse expenses incurred 2. Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to return in that state; except when there is fraud or negligence, then he shall be liable 3. Before entering into usufructuary: a) Notice of inventory of property (appraisal of movables & description)
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4. Take care of property as a good father of family 5. Liable for negligence & fault of person who substitute him
6.
If usufruct is constituted on animals duty bound to replace dead animals that die from natural causes or became prey; if all of them perish w/o fault but due to contagious disease / uncommon event deliver remains saved; if perish in part due to accident continue on remaining portion; if on sterile animals as if fungible replace same kind & quality
7.
Obliged to make ordinary repairs wear & tear due to natural use of thing and are indispensable for preservation; owner may make them at expense of usufructuary during existence of usufruct
8.
Obliged to make expenses due to his fault; cannot escape by renouncing usufruct 9. 10. 11. Pay legal interest from extraordinary expenses made by owner Payment of expenses, charges & taxes affecting fruits Payment of interest on amount paid by owner charges on capital
12.
Obliged to notify owner of act of 3rd person prejudicial to rights of ownership he is liable if he does not do so for damages as if it was caused through his own fault 13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne by usufructuary Obligations of owner 1. extraordinary expenses; usufructuary obliged to inform owner when urgent and there is the need to make them 2. expenses after renunciation of usufruct
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4. if property is mortgaged, usufructuary has no obligation to pay mortgage; if attached, owner to be liable for whatever is lost by usufructuary 5. if property is expropriated for public use owner obliged to either replace it or pay legal interest to usufructuary of net proceeds of the same Extinguishment of usufruct 1. death of usufructuary unless contrary intention appears 2. expiration of period of usufruct 3. merger of usufruct & ownership 4. renunciation of usufructuary express 5. total loss of thing 6. termination of right of person constituting usufruct
usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50 years usufruct constituted on immovable whereby a building is erected - & building is destroyed right to make use of land & materials if owner wishes to construct a new building pay usufructuary the value of interest of land & materials both share in insurance if both pays premium; if only owner then proceeds will go to owner only effect if bad use of the thing owner may demand the delivery of and administration of the thing with responsibility to deliver net fruits to usufructuary at termination of usufruct:
thing to be delivered to owner with right of retention for taxes & extraordinary expenses w/c should be reimbursed security of mortgage shall be cancelled
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TITLE Remote cause of ownership; merely constituted the means OCCUPATION 1. There should be a corporeal thing (tangible) which must have a corpus (body) & that thing should have no owner 2. There must be actual occupancy; thing must be subjected to ones control/disposition 3. 4. There must be an intention to occupy Accomplished according to legal rules
things that are w/o owner res nullius; abandoned stolen property cannot be subject of occupation animals that are the object of hunting & fishing
kinds of animals:
a) wild considered res nullius when not yet captured; when captured
& escaped become res nullius again
b) domesticated animals originally wild but have been captured & tamed;
now belong to their capturer; has habit of returning to premises of owner; becomes res nullius if they lose that habit of returning & regain their original state of freedom
Domesticated animals may be redeemed within 20 days from occupation of another person; if no redemption made, they shall pertain to the one who caught them
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What cannot be acquired by occupation Ownership of a piece of land because when a land is without an owner, it pertains to the state land that does not belong to anyone is presumed to be public land
PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights & actions; retroactive from the moment period began to run Kinds: 1. Acquisitive 2. Extinctive Who may acquire by prescription: a. b. c. person who are capable of acquiring property by other legal modes STATE minors through guardians of personally
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Things subject to prescription: all things within the commerce of men a. b. private property patrimonial property of the state
Things not subject to prescription: 1. 2. 3. 4. public domain in transmissible rights movables possessed through a crime registered land
Renunciation of prescription: persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in the future may be express or tacit
prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c imply abandonment of right acquired creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS Kinds of Acquisitive prescription 1. 2. ordinary extra-ordinary
5. public, peaceful, uninterrupted Requisites for extra-ordinary prescription: 1. 2. just title is proved within time fixed by law 10 years for movables 30 years for immovables 3. 4. in concept of an owner public, peaceful, uninterrupted
GOOD FAITH Reasonable belief that person who transferred thing is the owner & could validly transmit ownership Must exist throughout the entire period required for prescription
JUST TITLE (TRUE & VALID) must be proved & never presumed
a) b)
Titulo Colorado Titulo putativo title must be one which would have been sufficient to transfer ownership if grantor had been the owner through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership
IN CONCEPT OF OWNER possession not by mere tolerance of owner but adverse to that of the owner claim that he owns the property
PUBLIC, PEACEFUL & UNINTERRUPTED Must be known to the owner of the thing Acquired & maintained w/o violence Uninterrupted (no act of deprivation by others) in the enjoyment of property
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b) civil -
if 1 year of less as if no interruption produced by judicial summons; except 1. void for lack of legal solemnities 2. plaintiff desist from complaint/allow proceedings to lapse
3. possessor is absolved from complaint b) express or tacit renunciation c) possession in wartime RULES IN COMPUTATION OF PERIOD: a. Present possessor may tack his possession to that of his grantor or predecessor in interest b. Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved c. First day excluded, last day included
TACKING PERIOD there must be privity between previous & present possessor possible when there is succession of rights if character of possession different:
30 years action over immovables from time possession is lost 10 years mortgage action upon written contract upon obligation created by law upon a judgement 8 years action to recover movables from time possession is lost 6 years
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- for defamation Rights not extinguished by prescription: 1. 2. 3. 4. 5. 6. DONATION Characteristics: a) b) Unilateral obligation imposed on the donor Consensual perfected at time donor knows of acceptance demand right of way abate public /private nuisance declare contract void recover property subject to expressed trust probate of a will quiet title
Requisites of Donation: 1. 2. 3. 4. Reduction in patrimony of donor Increase in patrimony of donee Intent to do act of liberality Donor must be owner of property donated
Requirements of a donation:
1. subject matter anything of value; present property & not future, must not impair
legitime
In case of doubt with regards to nature of donation: inter vivos Badges of mortis causa: 1. Title remains with donor (full or naked ownership)& conveyed only upon death
Extent of burden
Law on obligations
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Applicable
Applicable
Not Applicable
Applies Applicable
Who may give donations - All persons who may contract and dispose of their property
Who may accept donations: 1. natural & juridical persons w/c are not especially disqualified by law 2. minors & other incapacitated a) by themselves - if pure & simple donation if it does not require written acceptance
b) by guardian, legal representatives if needs written acceptance 1. natural guardian not more than 50,000 2. court appointed - more than 50,000 3. conceived & unborn child, represented by person who would have been guardian if already born Who are disqualified to donate: 1. guardians & trustees with respect to property entrusted to them 2. husband & wife 3. between paramours/persons guilty of adultery 4. between parties guilty of same criminal offense 5. made to public officers, wife, descendant, ascendant Other persons disqualified to receive donations: 1. priest who heard confession of donor during his last illness
2.
relatives of priest within 4th degree, church, order, community where priest belongs 3. physician, nurse, etc. who took care of donor during his last illness
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What may be given: All or part of donors present property provided he reserves sufficient means for the support of the ff: a) himself b) relatives who by law are entitled to his support c) legitimes shall not be impaired when w/o reservation or if inofficious, may be reduced on petition of persons affected except: conditional donation & donation mortis causa except: future property DOUBLE DONATIONS:
1. If movable one who first take possession in good faith 2. If immovable one who recorded in registry of property in good faith - no inscription, one who first took possession in good faith - in absence thereof, one who can present oldest title REVOCATION OF DONATIONS applies only to donation inter vivos not applicable to onerous donations
With regards to donations made by person without children or descendants at time of donation: 1. 2. 3. If donor should have legitimate, legitimated or illegitimate children If child came out to be alive & not dead contrary to belief of donor If donor subsequently adopts a minor child
Action for revocation based on failure to comply with condition in case of conditional donations Action for revocation by reason of ingratitude 1. Donee commits offense against person, honor, property of donor, spouse, children under his parental authority 2. Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he should prove it unless act/crime has been committed against donee himself, spouse or children under his parental authority 3. Donee unduly refuses to give support to donor when legally or morally bound to give support to donor BIRTH OF CHILD NON-FULFILLMENT OF CONDITION INGRATITUDE
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Extent: portion which may Extent: whole portion but impair legitime of heirs court may rule partial revocation only Property must be returned Property in excess Alienation/mortgages done prior to recording in Register of Deeds: If already sold or cannot be Alienations/mortgages returned the value must imposed are void unless be returned registered with Register of If mortgaged donor may Deeds redeem the mortgage with right to recover from donee Fruits to be returned at Fruits to be returned at filing of action for filing of complainant revocation Prescription of action is 4 Prescription is 4 years from years from birth, etc. non-fulfilment Action cannot be renounced Right of action transmitted to heirs
Extent: returned
Whole
portion
Property to be returned
Prior ones are void; demand value of property when alienated and cant be recovered or redeemed from 3rd persons
Prescription is 1 year from knowledge of fact and it was possible for him to bring action
Action cannot be renounced in advance Right of action at instance Heirs cant file action of donor but may be transmitted to heirs Action extends to donees Action does not extend to heirs donees heirs Exception to rule on intransmissibility of action with regards to revocation due to ingratitude: 1. personal to the donor; general rule is heir cannot institute if donor did not institute 2. heirs can only file in the ff cases: a) donor has instituted proceedings but dies before bringing civil action for revocation b) donor already instituted civil action but died, heirs can substitute c) donee killed donor or his ingratitude caused the death of the donor d) donor died w/o having known the ingratitude done e) criminal action filed but abated by death 3. can only make heirs of donee liable if complaint was already filed when donee died Inofficious donations: 1. shall be reduced with regards to the excess
2. action to reduce to be filed by heirs who have right to legitimate at time of donation
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4. 5.
if 2 or more donation at same time treated equally & reduction is pro rata but donor may impose preference which must be expressly stated in donation
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