Beruflich Dokumente
Kultur Dokumente
A: ROMAN LAW
Q: Does possession mean actual possession?
A: Constructive and actual possesion
Q: Motorcycle in the parking lot? Does it mean that you no longer have the right of
possession over it?
Q: How can you show that you have the right over the thing or possession?
A: Registration Papers, possession of certificate of title or key.
Q: What kind of possession do you have if you have registration?
A: Constructive Possession. Possession in Civil Law not only refers to actual
possession as long as you have evidence or proof of ownership especially if you are
referring to real property.
Q: What is the right to use?
Q: Can the right to use be exercise absolutely?
Q: What can limit or restrict the exercise of the right to use? Take for instance, the
use of a real property?
Q: What restrictions can be imposed by the state?
A: Restrictions imposed by the Local Government and the HLURB; Easements
Q: Right to enjoy the fruits? How should fruits be defined? When the law talks about
the right of an owner to enjoy the use of fruits what fruits are referred to?
Q: How can an owner of a motorcycle enjoy its fruits?
A: Payment for lease
Q: Right to recover. How can the recovery be done?
A: Personal Property replevin > relate to family code > needs a written consent if
a spouse sells or disposes a conjugal property
Q: What is the remedy of a contract void contract judicial declaration of nullity
Q: What is the remedy to recover a motorcycle?
A: Replevin the recovery of personal property
Q: What is the remedy to recover real property
A: Forcible Entry or Unlawful Detainer
Q: If after the expiration of a lease contract the lessee doesnt want to vacate what
to file
Q: Right to abuse
A: The right to consume/ use of property in a way other than the way it is intended
to be used > tatayo sa upuan
A: General Rule: Transferred rights: To possess and use /
REMEMBER THESE 6 RIGHTS!!!!
Q: What rights are transferred in a lease of motorcycle
A: Right to possess > Right to use / If owner allows right to use fruits
Q: RENT CONTROL ACT > no right to sub-lease unless theres a written consent
(residential)
For non-residential you can sub-lease provided that there is no express
prohibition
Q: Hiram na motorcycle na walang bayad > possession and use > commodatum
Pag may bayad > lease
Q: How does the RPC define self defense?
A: Defense of ones self and property right