Beruflich Dokumente
Kultur Dokumente
PROPERTY
LAW
What is property?
In
What is property
Property
Property as Thing
Property
THEORIES ON
PROPERTY
!5
Theories on Property
Helps
Theories on Property
First
Possession
Labor
Personhood
Utilitarian
Democracy
FIRST POSSESSION
!8
First Possession
Practical
First Possession
Carol
First Possession
First Possession
Brumagin
First Possession
Johnson v. McIntosh
Thomas Johnson claim of title Sale from
Piankeshaw Indian Tribes
William McIntosh claim of title Patent from US
Government
Discovery Doctrine law of nations; extinguish
the right of occupancy by indigenous people
Became the foundation of real property
ownership in colonies
Carino vs. Insular Government Different view,
Justice Holmes recognises property rights of
native inhabitants of the Philippines
First Possession
Popov
v. Hayashi
First Possession
First
First Possession
Problems
LABOR THEORY
!17
Labor Theory
John
Locke
An original owner is one who mixes his or
her labor with a thing and by commingling
that labor with the thing, establishes
ownership of it.
The one who expended labor upon
objects could remove them from the
common and claim them as private
property.
But how much do you value labor?
PERSONHOOD
!19
Personhood
Margaret Radin
A
Personhood
What
is important in personhood is a
continuing character structure
encompassing future projects or plans,
as well as past events and feelings.
The general idea of expressing one's
character through property.
Property for personal autonomy
absence of which will hinder liberty
attributed to a person
Personhood
Personhood
Fetishism
UTILITARIAN
!24
Utilitarian
Jeremy
Bentham
Utilitarian
Utilitarian
Property rules have developed in
response to externalities;
Externalities are internalize by
property owners
!27
Utilitarian
Property
Utilitarian
Howard
PROPERTY AND
DEMOCRACY
!30
Property as an Institution
Property as an Institution
Provides
Property as an Institution
Facilitates
Property as an Institution
Important
source of individual
autonomy
Provides material means for individuals to
achieve a degree of independence from others
Important
to the preservation of
liberty
It is a form of personal sovereignty
Countervails the power of the state
Property as an Institution
Division
control;
Use of property in ways that have
spillover effects for the owners of other
properties Negative externalities
May lead to Monopoly
Every property right is a monopoly right;
Commodification
relations
Promotes inequality
PROPERTY AS LAW
!40
rights is composed of
certain constituent elements
(Bundle of Rights), namely:
The right to exclude
The right of use and
enjoyment
The right to transfer or to
dispose
Right to Exclude
William
Blackstone
Right to Exclude
Right to Exclude
Larissa Katz, 2008
What
Bundle of Rights
John R. Commons,The Distribution of
Wealth (1893)
Property
Bundle of Rights
Partial
Bundle of Rights
Ronal Coase, (1960)
We
!48
Exclusion to Governance
Rules
!49
Exclusion to Governance
The
Property as Things
Property
Types of Ownership
Ownership
Access
Management
Private
Private
By Owner
Private
Common
Group
Public
State
State
State
Open Access
No One
Uncontrolled
None
By Joint-Owners By Joint-Owners
!52
Right to Enjoy
(Jus Untendi)
Arts. 428, 437, 438,
440
Right to Exclude
Art. 429 (general)
Art. 430 (fence)
Self-help: actual or
threatened, unlawful
physical invation or
usurpation
Right to Fence without
detriments to
constituted servitudes
Right to Dispose!
Art. 428
!53
Republic
vs. Court of
Ownership
over
rights
and
Appeals (160 SCRA 228)
Art. 437 !
things Surface and
Jose dela Rosa land
Extent
Ownership on Land
Art. 438!
Hidden Treasures belongs to the owner
of the land, building,
on which it is found!
Found on property of
another or the state 1/2
Treasure Hunting
National Museum Act
of 1998
Permit for treasure
hunting
National Museum
Determines
PL - 75-25/Prvt Land
30-70/shipwreck 50-50
registration vs
Benguet
Consolidated
Bog Wedge
Corporation
Mining Claim Patent
remove it from the
public domain/dela
Rosa - asserts
ownership only on
the surface
Replevin
Presumption
- disputable
presumption given
to possessor
(ART 433/539)
- in action to
recover, plaintiff
must rely on the
strength of his title
(ART 434)
!55
Co-Ownership
Right to Exclude
Right to Use
Right to Transfer
Art. 493. May alienate,
assign, mortgage,
substitute another
person in its
enjoyment; except
personal rights are
involved.
Art. 493. In alienation
limited to the portion
which may be allotted
to him in the division.
!56
Limitations on Ownership
Police Power !
(Art. 436)
Mere regulation or
restriction;
No taking;
No recovery;
Basis is General
Welfare
Eminent Domain!
(Art. 435)
Taxation
Limitations on Ownership
Injurious Use
(Art. 431)
Limitations on Ownership
Conditions imposed
by law / the owner:
1. Easements;
2. Extravagance;
3. Restrictions on
Land Grants
!59
Merry Christmas
to be continued next year
!60