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    Ownership Ideas

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    NARTEA ARNOLD
    Ownership can be acquired in two ways - originally through occupation and intellectual creation, or derivatively through legal means such as succession, donation, prescription, or contracts that result in tradition/transfer of ownership. There are three categories of things: res nullius which belong to no one; res communes which are common property belonging to all; and res alicujus which are privately owned individually or collectively. Ownership is a legal right over property that is acquired and transmitted according to civil law.

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    Ownership Ideas

    Uploaded by

    NARTEA ARNOLD
    12 views2 pages
    Ownership can be acquired in two ways - originally through occupation and intellectual creation, or derivatively through legal means such as succession, donation, prescription, or contracts that result in tradition/transfer of ownership. There are three categories of things: res nullius which belong to no one; res communes which are common property belonging to all; and res alicujus which are privately owned individually or collectively. Ownership is a legal right over property that is acquired and transmitted according to civil law.

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    Ownership can be acquired in two ways - originally through occupation and intellectual creation, or derivatively through legal means such as succession, donation, prescription, or contracts that result in tradition/transfer of ownership. There are three categories of things: res nullius which belong to no one; res communes which are common property belonging to all; and res alicujus which are privately owned individually or collectively. Ownership is a legal right over property that is acquired and transmitted according to civil law.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    12 views2 pages

    Ownership Ideas

    Uploaded by

    NARTEA ARNOLD
    Ownership can be acquired in two ways - originally through occupation and intellectual creation, or derivatively through legal means such as succession, donation, prescription, or contracts that result in tradition/transfer of ownership. There are three categories of things: res nullius which belong to no one; res communes which are common property belonging to all; and res alicujus which are privately owned individually or collectively. Ownership is a legal right over property that is acquired and transmitted according to civil law.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    of 2

    WHAT IS OWNERSHIP?

     Ownership is acquired by occupation and by intellectual creation.


     Ownership and other real rights over property are acquired and
    transmitted by law, by donation, by testate and intestate succession, and
    in consequence of certain contracts, by tradition.
     Ownership may also be acquired by means of prescription

    T here are three kinds of things, depending on the nature of their


    ownership:

    a. res nullius (belonging to no one)


    b. res communes (belonging to everyone)
    c. res alicujus (belonging to someone)

    Res Nullius
    These things belong to no one, and the reason is that they have not yet
    been appropriated, like fish still swimming in the ocean, or because they
    have been abandoned (res derelictae) by the owner with the intention of no
    longer owning them.
    Res Communes
    While in particular no one owns common property, still in another sense, res
    communes are really owned by everybody in that their use and enjoyment are
    given to all of mankind.
    Examples would be the air we breathe, the wind, sunlight, and starlight.
    Res Alicujus
    These are objects, tangible or intangible, which are owned privately, either in
    a collective or individual capacity.
    Examples: shares of stock, parcel of land.
    Under the Civil Code:
    “Ownership is acquired by occupation and by intellectual creation.
    Ownership and other real rights over property are acquired and transmitted by law, by
    donation, by testate and intestate succession, and in consequence of certain contracts,
    by tradition.
    They may also be acquired by means of prescription.
    Thus, ownership may be acquired by:
    I. Original modes, which isindependent of any pre-existing or preceding title or
    right of another. It includes:

    1.

    1. Occupation
    Things appropriable by nature that are without an
    owner, such as animals that are the object of hunting

    and fishing, hidden treasure, and abandoned movables,


    are acquired by occupation.
    However, the ownership of a piece of land cannot be
    acquired by occupation.
    2. Creation or work (intellectual creation)

    II. Derivative modes, when somebody else was the owner before. It includes:

    1.

    1. Succession or through inheritance;


    2. Donation, as when a parcel of land is given
    gratuitously and accepted and in a public instrument;
    3. Prescription, as when ownership of land is acquired
    by adverse possession for the period of time required
    under the law, provided the necessary legal
    conditions or requisites are present;
    4. Law
    e.g accession, fruits naturally falling on
    adjacent land
    5. Tradition, as a consequence of certain contracts (like
    the contract of sale, barter, assignment, simple loan
    or mutuum).
    A perfected sale does not transmit ownership.
    It is the delivery or tradition which conveys
    ownership.

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