Law of Property

Presentation

Definition and Nature of thing and property

Thing Section 137 provides that Things are corporeal objects." Property Section 138 provides that " Property includes thing as well as incorporeal object, susceptible of having value and susceptible of being appropriated."

* It is acceptably found that a property has a broader scope than a thing because thing is included in the definition of the property.

Nature of thing
Thing is corporal object

Thing is susceptible of having value

Thing is susceptible of being appropriated

Nature of thing

Cars

Nature of thing

Pens

Nature of thing

Candy

Nature of property
1. Corporeal and incorporeal objects. Corporeal object is thing Incorporeal object is the object which has not material existence in itself. We are unable to see incorporeal object in reality. Ex. Wind power, water power , copyright

Nature of property
Incorporeal

Copyright

Nature of property
2. Thing and property are susceptible of having value. It mean that valuable in itself. This need not be an economic value. But value to mind or emotion and have value for the owner, they count as property.

Nature of property

movie ticket

A Love letter

Chips

Nature of property
3. Thing and property are susceptible of being appropriated Being appropriated refers to a taking or seizing of property or thing by a person for his/her own. An appropriation may derive either from the ownership or possession

Classification of Property
1. Immovable Property 2. Movable Property 3. Divisible Things 4. Indivisible Thing 5. Thing Outside of Commerce

Immovable Property
Land or things that fixed permanently to land or joining as part of the land. (Included real rights)

Immovable Property
There are 4 kinds of immovable property. 1. Land : the earths surface, ground, mountain, beach and island.

Immovable Property
2. Things fixed to land permanently
By nature : created in the land naturally eg. rocks, tree (planted for more than 3 years.) By human : structures - must be fixed to land tightly and permanently - not necessarily forever

Immovable Property
3. Thing forming a body with land :
is a thing formed on the land and joining as part of the land. Naturally : eg. stone, sand, waterfall, river. Man-made : eg. road *thing buried in the ground is not claimed as the immovable property*

Immovable Property
4. Real rights : rights to claim on property. There are 5 kinds of real rights
(1) Ownership : the right to be an owner of the immovable property. (2) Possession : the right to possess the property.

Immovable Property
(3) Habitation : the right to stay in a building without paying rent. (4) Servitude : the right of some benefit use out of the land of another. (5) Superficies : the right created by the owner of the land in favour of another person giving him the right to own the land or building.

Movable Property
Things other than immovable property includes rights connected therewith.

Movable Property
1) Thing other than immovable property . Property which is moved from one place to whether by its own force.

car
Animal

Pencil

Movable Property
2)Right connected with movable property.
There are 3 type of movable property.
1.The ownership of movable property
2.The right of possession of movable property. 3.The right in the intellectual property.

Different between immovable and movable property

1) Mobility
Immovable property -cannot move or cannot be moved easily. Movable property -can be taken from place to another.

Different between immovable and movable property

2)Rights connected to the property

-Some right can be created only on the immovable property. -Some right can be created only on the movable property. (e.g. pledge)

Different between immovable and movable property

3)Length time for the adverse possession immovable property -10 years movable property -5 years

Different between immovable and movable property

4)Form of juristic act -must be made in the form prescribed by law. -a sale contract of land must be in writing and registered with competent official. -not require form.

Different between immovable and movable property

5)Extent of ownership

Immovable property
-extended below and above the surface

Movable property
-no extension

Divisible Things

"Divisible things are those which can be separated into real and distinct portions, each forming a perfect whole."
For example : land, oil, rice and paper.

Indivisible Thing

"Indivisible things are those which cannot be separated without alteration in its substance as well as those which are considered indivisible by law."

Indivisible Thing

There are two kinds of indivisible thing, which are:

1) Thing cannot be separated without alteration in its substance,

such as : house, shirt, TV set, watch, and fan.

2) Thing is considered indivisible by law.

For example : a share of a limited company, component parts, a right of servitude.

Thing Outside of Commerce

"Things outside of commerce are things incapable of appropriation and those legally inalienable."

Thing Outside of Commerce

There are two kinds of thing outside of commerce, which are: 1) Things incapable of appropriation
such as : the sky, the sun, the moon and the air.

2) Things legally inalienable

such as : domain public of state, forest preserved for the common use, and buddhist temple.

Component Parts
CCC Section 144 states that,

A component part of a thing is that which,according to its nature or local custom, is essential to its existence and cannot be separated without destroying, damaging

Essential elements of component part

Three essential elements of component part
1)Independent things fixed firmly and tightly to create new thing are considered component parts. For example, a car body, tyres, engine and steering wheel are component parts of a car.

Essential elements of component part

2)The component parts are an essential part to the existence of new thing by the nature or by local custom.
(1)By nature, such as -Magnifying lens is a component part of a magnifying glass. (2)By local custom, such as -Kitchen is a component part of a house.

Essential elements of component part

3)Component part cant be separated from a thing without destroying damaging or altering things because it is fixed tightly and firmly to the thing. Therefore, a right shoe is not the component part of a left shoe because a right shoe is not fixed to a left shoe tightly.

Exceptions of the component parts

There are three exceptions of the component parts 1) Trees which grow only of a limited period of time and crops which may be harvested one or more times a year are not the component parts of the land. 4 Trees when planted for an unlimited period of time are deemed to be component parts of the land on which they stand.

Exceptions of the component parts

-Parennial tree which planted for more than three years of for an unlimited period of time is a component part of the land.

-Non-parennial tree is a tree which grows only for a limited period of time, and crops which may be harvested one or more times a year.It isnt the component parts of the land.

Exceptions of the component parts

2) Things temporarily fixed to land or to building do not become the component parts of the land or building
such as a booth in a fair or exhibition, a fruit stall in the market, and a food stall on the street.

3) Building or other structures, which in the exercise of a right over another persons land, has been fixed to the land by the person who has such right. it is not the component part.

Accessories

Accessories are moveable things which are invented to used or attached with principal thing According to section 147 there are 5 elements to be an accessory

1. Accessory must attracted to principal thing 1. Accessory must be a moveable thing 1. Accessory is used with the principal thing permanently by usual local conception 1. Accessory is used for management or preservation of the principal thing

1. Accessory is brought to the principal thing only by the owner of principal

Accessory must attracted to principal thing

Accessory must be a moveable thing

Accessory is used with the principal thing permanently by usual local conception

Some accessory is attached to the principal thing all the time Eg. Battery of the mobile phone Some accessory is not always attached to the principal thing Eg. Key and the lock

Some accessory always used with principal thing by its nature Eg. Spare tyre and the car

Accessory is used for management or preservation of the principal thing

Used to served benefit,advantage,protection of the principal thing

Accessory

Principal thing

Different from the component part

Accessory is not attached to the principal item firmly or tightly Eg. Tyre is fixed to car tightly but spare tyre is not fixed to the car tightly

Accessory can be separated from the principal thing without damaging the principal thing

Fruits of a thing

CCC said that fruits of a thing have a broader scope than a general perception

1.

Fruits of a thing can be separated into two kinds

Natural Fruit

2.

Legal Fruit

Natural fruit

Offspring of the thing

Production of the thing

Receive the ownership of the natural fruit o Eg. Cow > Milk o Dog > Puppies o Land > Minerals such as petroleum

How to form a natural fruit

Must be spilt from the thing completely
Such as apple from apple tree

The things must not be changed

Ivory from elephant are not counted as natural fruits

Legal Fruit

The owner obtain the interest periodically by another person for using the thing Eg. Deposit money , Rent a building , Shareholder dividend

But Lotto or lottery are not legal fruit 3

Owner of the thing is the owner of the fruit

Real right what is real right?

real right is a right of a person over the property.

There are five natures of a real right which are :

1.) 2.) 3.) 4.) Real right can be set up against all persons. Real right obliges other persons to prevent from unlawfully interfering with the use of the property. Real right applies to the property but personal right applies to a person. Its used for the use, management or preservation of the principal thing.

5.)

Brought to the principal thing only by the owner of the principal thing.

There are 7 classes of real rights..(only occurs in movable property)

1.) 2.) 3.) 4.) 5.) 6.) 7.) Ownership Possession Servitudes Habitation Superficies Usufruct Charge on immovable property

Ownership
Ownership is a real right representing the ownership of the property subject to the enforcement of the CCC. - (Ownership is an absolute right - anyone who has an ownership of the property should have the right permanently)

Possession
A person acquires possession by holding a property with the intention of holding it for himself. In addition, a person may acquire possession through another person holding for him.

Servitudes
Servitudes are a kind of the real rights that the owners of an immovable property is bound. Servitudes may be acquired by prescription. (Servitudes is extinguished by non-usage for 10 years)

Habitation
A right of habitation may be created either for a period of time or for the for the life to the grantee. (The grant may be renewed for a period not exceeding 30 years from the time of renewal.)

Superficies
The owner of a piece of land may create a right of superficies in favor of another person by giving him the right to own. (The right of superficies is transferable by the inheritance.)

Usufruct
Usufruct is the real right which the usufructuary (right holder) is entitled to the possession, use and enjoyment of the property. (The usufructuary has the right of management of the property.)

Charge on immovable property

An immovable property may be subjected to a charge entitling the beneficiary to a periodical performance. The owner of property still possesses that property. ( however, he is on duty to let the beneficiary use and enjoy such property in a periodical performance.)