Beruflich Dokumente
Kultur Dokumente
1.
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
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
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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
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
By analogy/by law contracts for public works, servitude & other real rights over immovable property
Movable property
susceptible of appropriation that are not included in enumeration in immovable
immovable that are designated as movable by special provision of law
forces of nature brought under control by science
things w/c can be transported w/o impairment of real property where they are fixed
obligations which involve demandable sums (credits)
shares of stocks of agricultural, commercial & industrial entities although they may have real estate
Classification of Movables
consumable cannot be utilized w/o being consumed
non-consumable
Classification of Property (according to ownership):
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
Private Ownership
patrimonial property of state, provinces, cities, municipalities
exist for attaining economic ends of state
property of public dominion when no longer intended for public use/service declared patrimonial
property belonging to private persons individually or collectively
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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)
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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
1.
Obligation of owners:
Immovables accretion
Alluvion owner of lands adjoining banks of river belongs the accretion gradually received from effects of
the waters current
Requisites:
1.
deposit is gradual & imperceptible
2.
made through effects of current of water
3.
land where accretion takes place is adjacent to banks of river
Avulsion transfer of a known portion of land from one tenement to another by force of current of waters
Rights of riparian owner
Right to portion of land transferred if not claimed by owner within 2 years (prescription)
Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for necessary
expenses for gathering them & putting them in safe place
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Rights:
1.
If both are in good faith owner of principal acquired the accessory with indemnification
2.
If both are in good faith may separate them if no injury will be caused; if value of accessory is greater
than principal, owner of accessory may demand separation even if damages will be caused to the principal
(expenses to be borne by one who caused the conjunction)
3.
If owner of accessory is in bad faith owner of accessory with damages to principal
4.
If owner of principal is in bad faith owner of accessory shall have option of principal paying value of
accessory or removal of accessory despite destruction of principal
5.
Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent may demand
that a thing equal is kind, value and price
2.
Specification One employs the materials of another in whole or in part on order to make a thing of a
different kind; transformation
Rights:
1.
If person who made the transformation is in good faith he shall appropriate the thing transformed as his
own with indemnity to owner of material for its value
2.
If material is more precious than transformed thing owner of material may appropriate the new thing to
himself after indemnity paid to labor or demand indemnity for materials
3.
If person who made the transformation is in bad faith, owner of material shall appropriate the work to
himself w/o paying maker or demand indemnity for value of materials & damages
4.
If transformed thing is more valuable than material, owner of material cannot appropriate
3.
Commixtion / confusion 2 things of the same or different kinds are mixed & are not separable w/o injury
Rights:
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)
2.
If one owner is in bad faith he shall lose the thing belonging to him plus indemnity for damages caused to
owner of other thing mixed with his thing
3.
If both in bad faith no cause of action against each other
Chapter 3: QUIETING OF TITLE
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Reasons:
prevent litigation
protect true title & possession
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
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Requisites:
Plaintiff must have legal or equitable interest
Need not be in possession of property
Return to defendant all benefits received he who wants justice must do justice
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Title V POSSESSION
Possession holding of a thing or enjoyment of a right
occupancy actual or constructive (corpus)
intent to possess (animus)
How acquired:
material occupation possession as a fact
1.
physical
2.
constructive tradicion brevi manu (one who possess a thing short of title of owner lease );
tradicion constitutum possesorium (owner alienates thing but continues to possess depositary, pledgee, tenant)
What can be subject of possession things or rights which are susceptible of being appropriated
Degrees of possession:
1.
holding w/o title and in violation of right of owner
2.
possession with juridical title but not that of owner
3.
possession with just title but not from true owner
4.
possession with just title from true owner
Classes of ownership:
1.
in concept of owner owner himself or adverse possessor
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Effects:
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1.
possession of hereditary property is deemed transmitted w/o interruption from moment of death ( if
accepted) and if not accepted ( deemed never to have possessed the same )
2.
one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when
he is aware of flaws affecting title; but effects of possession in good faith shall not benefit him except from
date of death of decedent.
Minors/ Incapacitated
may acquire material possession but not right to possession; may only acquire them through guardian or legal
representatives
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Acquisition
cannot be acquired through force or intimidation when a possessor objects thereto resort to courts
the following do not affect acts of possession ( not deemed abandonment of rights ); possession not
interrupted
1.
acts merely tolerated
2.
clandestine and unknown acts
3.
acts of violence
Rights of possessor:
Right to be respected in his possession; if disturbed protected by means established by law; spoliation
Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription
1.
Possession has to be in concept of owner, public, peaceful and uninterrupted
2.
Title short of ownership
Person in concept of owner has in his favor the legal presumption of just title (prima facie)
Possession of real property presumes that movables are included
Co-possessors deemed to have exclusively possessed part which may be allotted to him; interruption in
whole or in part shall be to the prejudice of all
Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and
industrial gathered or severed; civil accrue daily )
Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are
natural or industrial fruits ( proportionate to time of possession ); owner has option to require possessor to
finish cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses; if
possessor in good faith refuses barred from indemnification in other manner
Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith;
Possessor in good faith has right of retention over thing unless necessary expenses paid by owner
Possessor in good faith has right to be reimbursed for useful expenses with right of retention; owner has
option of paying expenses or paying the increase in value of property which thing acquired by reason of
useful expenses
Possessor in good faith may remove improvements if can be done w/o damage to principal thing- unless
owner exercises option of paying; possessor in bad faith not entitled.
Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove
them provided principal is not injured provided owner does not refund the amount expended
Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering
possession
Wild animals possessed while in ones control; domesticated possessed if they retain habit of returning
back home
One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o interruption
Liabilities/duties of Possessor
Return of fruits if in bad faith fruits legitimate possessor could have received
Bear cost of litigation
Possessor in good faith not liable for loss or deterioration or loss except when fraud and negligence
intervened
Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event
Person who recovers possession not obliged to pay for improvements which have ceased to exist at time of
occupation
Loss of possession:
abandonment of the thing renunciation of right; intent to lose the thing
assignment made to another by onerous or gratuitous title
destruction or total loss of the thing or thing went out of commerce
possession of another if new possession lasted longer that 1 year ( possession as a fact); real right of
possession not lost except after 10 years
Not lost:
1.
Unlawfully deprived or lost
2.
Acquired at public sale in good faith with reimbursement
3.
Provision of law enabling the apparent owner to dispose as if he is owner
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Sale under order of the court
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Purchases made at merchant stores, fairs or markets
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Negotiable document of title
Even for time being he may not know their whereabouts, possession of movable is not deemed lost
When agent encumbered property without express authority except when ratified
Possession may still be recovered:
Possession is equivalent to title
possession is in good faith
owner has voluntarily parted with the possession of the thing
1.
possessor is in concept of an owner
Title VI USUFRUCT
Usufruct right to enjoy anothers property with correlative duty of preserving its form and substance
things movable/immovable
rights provided it is not strictly personal
Kinds:
legal parents over children
voluntary contracts, wills
mixed prescription
total
partial
simultaneous
successive
pure
conditional
With a term
Rights of usufructuary:
Right to civil, natural & industrial fruits of property
Right to hidden treasure as stranger
Right to transfer usufructuary rights gratuitous or onerous; 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:
consumable
intended for sale
appraised when delivered; if not appraised & consumable return same quality (mutuum)
Right not exempt from execution and can be sold at public auction by owner
Naked owner still have rights but w/o prejudice to usufructuary; may still exercise act of ownership bring
action to preserve
Right to fruits growing at time usufruct begins; growing fruits at termination of usufruct belongs to owner
Right to necessary expenses from cultivation at end of usufruct
Right to enjoy accessions & servitudes in its favor & all benefits inherent therein
Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by accident but
obliged to plant anew
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
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
Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property
or real right
Right to necessary expenses
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
Right to set-off improvements against damages he made against the property
Right to administer when property is co-owned; if co-ownership cease usufruct of part allotted to coowner belongs to usufructuary not affected
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
Alienate thing
Cant alter form or substance
Cant do anything prejudicial to usufructuary
Construct any works Y make any improvement provided it does not diminish value or usufruct or prejudice
right of usufructuary
Obligations of usufructuary:
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Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who have right to
fruits should reimburse expenses incurred
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
Before entering into usufructuary::
Notice of inventory of property (appraisal of movables & description)
Posting of security
not applicable to parents who are usufructuary of children except when 2 nd marriage contracted
excused allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:
immovables be placed under administration
NI can be converted into registered certificates or deposited in bank
Capital & proceeds of sale of movables be invested in safe securities
Interest on proceeds or property under admin belong to usufructuary
Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until he gives
sufficient security
Effect of security is retroactive to day he is entitled to fruits
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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.
There must e an intention to occupy
4.
Accomplished according to legal rules
wild considered res nullius when not yet captured; when captured
& escaped become res nullius again
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
domestic/tame animals born & ordinarily raised under the care of people; become res nullius when
abandoned by owner
abandoned movables
Animals:
a)
Swarm of bees
owner shall have right to pursue them to anothers land (owner to identify latter for damages, if any)
land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees
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
Pigeons & fish
when they go to another breeding place, they shall be owned by the new owner provided they are
not enticed
Movables:
consist of (1) money, precious objects & 2) hidden & owner is unknown
finding must be by chance in order that stranger may be entitled to of the treasure
Movable found w/c is not treasure
must be returned to owner
if finder retains the thing found may be charged with theft
if owner is unknown, give to mayor; mayor shall announce finding of the movable for 2 weeks in way he
deems best
of owner does not appear 6 months after publication, thing found shall be awarded to finder
if owner appears, he is obliged to pay 1/10 of value of property to finder as price
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if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public
auction 8 days after the publication
What cannot be acquired by occupation
Kinds:
1. Acquisitive
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Extinctive
Who may acquire by prescription:
person who are capable of acquiring property by other legal modes
STATE
minors through guardians of personally
Against whom prescription run:
minors & incapacitated person who have guardians
absentees who have administrators
persons living abroad who have administrators
juridical persons except the state with regards to property not patrimonial in character
between husbands & wife
between parents & children (during minority/insanity)
between guardian & ward (during guardianship)
between co-heirs/co-owners
between owner of property & person in possession of property in concept of holder
Things subject to prescription: all things within the commerce of men
private property
patrimonial property of the state
Things not subject to prescription:
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
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civil
PRESCRIPTION OF ACTIONS
mortgage action
upon a judgement
8 years
upon a quasi-contract
5 years
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upon injury to rights of plaintiff
upon a quasi-delict
1 year
for defamation
Requisites of Donation:
1.
Reduction in patrimony of donor
2.
Increase in patrimony of donee
3.
Intent to do act of liberality
4.
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
2.
causa anything to support a consideration: generosity, charity, goodwill, past service, debt
3.
capacity to donate & dispose & accept donation
4.
form depends on value of donation
Acceptance
immovable must be in a public instrument & acceptance must also be in a public instrument (in same
instrument or in other instrument)
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3.
Pure/Simple
Remuneratory
Conditional
Onerous
a) Consideration
Merits of doneeLiberality or merits of donee or burden/ charge of past services provided they do not constitute
demandable debtValuable consideration is imposed but value is less than value of thing donatedValuable
consideration givenb) law to apply/ forms
Law on donationsLaw on donationsExtent of burdenLaw on obligations
imposed>oblicon
excess>donationc) form of acceptance
RequiredRequiredRequiredRequiredd) reservation w/regards to personal support & legitime
ApplicableApplicableApplicableNot Applicablee) warranty against eviction & hidden defects
In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf) revocation
ApplicableApplicableApplicableApplicable
1. natural & juridical persons w/c are not especially disqualified by law
2. minors & other incapacitated
a) by themselves
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3.
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physician, nurse, etc. who took care of donor during his last illness
individuals, corporations, associations not permitted
What may be given:
All or part of donors present property provided he reserves sufficient means for the support of the ff:
himself
relatives who by law are entitled to his support
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:
Rule: Priority in time, priority in right
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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:
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
Donee commits offense against person, honor, property of donor, spouse, children
under his parental
authority
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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
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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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donor has instituted proceedings but dies before bringing civil action for revocation
donor already instituted civil action but died, heirs can substitute
donee killed donor or his ingratitude caused the death of the donor
Inofficious donations:
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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
3.
donees/creditors of deceased donor cannot ask for reduction of donation
4.
if there are 2 or more donation: recent ones shall be suppressed
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
Source:
Civil Code Extract, Ms. Magz
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