This document discusses the classification and characteristics of property under civil law. It defines property as objects that can be appropriated and notes that property law governs the acquisition, loss, and rights associated with different types of property. Property is classified as movable or immovable based on the legal provisions that govern each rather than mobility. Immovable property includes land, buildings, trees, and objects permanently attached to land. Movable property includes all other appropriable objects, including obligations and shares of stock. Ownership can be full, nude, sole, or co-ownership. Various legal actions like replevin, forcible entry, and unlawful detainer are discussed in relation to recovering possession of real or personal property.
This document discusses the classification and characteristics of property under civil law. It defines property as objects that can be appropriated and notes that property law governs the acquisition, loss, and rights associated with different types of property. Property is classified as movable or immovable based on the legal provisions that govern each rather than mobility. Immovable property includes land, buildings, trees, and objects permanently attached to land. Movable property includes all other appropriable objects, including obligations and shares of stock. Ownership can be full, nude, sole, or co-ownership. Various legal actions like replevin, forcible entry, and unlawful detainer are discussed in relation to recovering possession of real or personal property.
This document discusses the classification and characteristics of property under civil law. It defines property as objects that can be appropriated and notes that property law governs the acquisition, loss, and rights associated with different types of property. Property is classified as movable or immovable based on the legal provisions that govern each rather than mobility. Immovable property includes land, buildings, trees, and objects permanently attached to land. Movable property includes all other appropriable objects, including obligations and shares of stock. Ownership can be full, nude, sole, or co-ownership. Various legal actions like replevin, forcible entry, and unlawful detainer are discussed in relation to recovering possession of real or personal property.
This document discusses the classification and characteristics of property under civil law. It defines property as objects that can be appropriated and notes that property law governs the acquisition, loss, and rights associated with different types of property. Property is classified as movable or immovable based on the legal provisions that govern each rather than mobility. Immovable property includes land, buildings, trees, and objects permanently attached to land. Movable property includes all other appropriable objects, including obligations and shares of stock. Ownership can be full, nude, sole, or co-ownership. Various legal actions like replevin, forcible entry, and unlawful detainer are discussed in relation to recovering possession of real or personal property.
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PROPERTY notes Martii
Property under TCC: an object which may be appropriated
Property as a subject of law: branch of civil law which classifies and defines different kinds of appropriable objects, provides for their acquisition and loss, and in general, treats of their nature and consequences of real rights.
CLASSIFICATION under nature of ownership
Res Nullius Res Communes Res Alicujus
IMMOVABLE AND MOVABLE PROPERTY
1. Classification of movable and immovable property.
NOT from the fact of mobility RATHER from the fact that different provisions of the law govern the acquisition, possession, disposition, loss, and registration of movables and immovables.
2. Incomplete. There should be MIXED. However, its ok
ONLY THE LAW may consider real property as personal property
Reclassification different from Conversion HUMAN BODY- neither. Cannot be appropriated, outside commerce of man
Organ Donation Act- Anyone may authorize donation of their organs after their death
Classification of property: MOA EMI FGC
Mobility Ownership Alienability Existence Materiality Dependence/ Importance Fungibility Generic/ Specific Court custody/ Free Characteristics of Property
a) Utility for the satisfaction of moral or economic wants
b) Susceptibility of appropriation c) Individuality (human hair only property when detached from owner)
414. : appropriable property may be movable or immovable
415. : IMMOVABLE PROPERTY: Any fixture of an immovable property
LTES MAF MDC
1) Land, buildings, roads, and construction of all kinds adhered to the soil 2) Trees, plants and growing fruits, while they are attached to the land or form an integral part of an immovable 3) Everything attached to an immovable in a fixed manner. Cannot be separated without breaking the material or deterioration of the object 4) Statues, relief, paintings, or other ornamental objects placed in buildings or lands intended to be permanently annexed by the owner. 5) Machinery intended by the owner of the tenement for an industry or works which may be carried on in a building or a piece of land, which tend directly to meet the needs of the said industry 6) Artificial animal habitats placed by and intended by the owner to be permanently attached to the land, and forming a part of it; animals in those places are included. 7) Fertilizer actually used on a piece of land 8) Mines, quarries, and slag dumps while the matter thereof forms part of the bed and waters, and waters either running or stagnant 9) Docks and floating structures intended to remain in a fixed place on a river, lake or coast 10) Contracts for public works, servitudes, and other real rights over immovable property
The nature of the buildings as real property is not affected by how the parties deal with it (Leung Yee vs. Strong Machinery)
Chattel Mortgages are valid insofar as both parties agree and no third person is prejudiced. Only valid between the parties by virtue of estoppel. A building which would be immediately demolished sold or mortgaged may be considered as personal property. Chattel because the materials are the object
INTENT TO PERMANENTLY ANNEX
416. MOVABLE PROPERTY
1) Movables susceptible of appropriation which are not included in the preceding article 2) Real property considered as personalty by way of special provision of law 3) Forces of nature brought under control by science 4) In general, all things which can be transported without impairment of the real property which they are fixed. 417. 1) Obligations and actions which have for their object movables 2) Shares of stocks of agri, commercial, and industrial entities Sibal vs Valdez- Mobilization by anticipation. Attachment of Chattel mortgage makes it personal property. US vs Carlos- jumper
4 kinds of ownership:
Full Nude Sole Co-ownership
Replevin- action or provisional remedy wherein the complainant prays for the recovery of the possession of personal property
Forcible entry- summary action used by a person deprived of the possession of real property through force, threat, intimidation, strategy, or stealth
Prescriptive- discovery of strategy or stealth; deprivation of possession
Unlawful detainer- used by lessor/person having legal right over a property when lessee/person withholding said property refuses to surrender possession of property after expiration of lease/right to hold property
Writ of preliminary injunction (restores complainants possession)- FE-10 days, UD-10 days appeal perfected- recovery of possession Writ of possession-A judgment confirming the title of the applicant and ordering its registration in his name necessarily carried with it the delivery of the possession which is an inherent element of the right of ownership
Accion publiciana- issue of better right of possession
Accion reivindicatoria- issue of ownership
Limitations on ownership
1. General limitations for the benefit of the state
