Division/Classification of Things
Division of Things
Art. 448. Things are divided into Common, Public, and Private; Corporeals and Incorporeals; and Movables and Immovables.
Four Forms of Possession and Definition of each
1. Precarious Possession:the exercise of possession over a thing with the permission or on behalf of the owner or possessor
2. Civil Possession:possession retained by intent to possess as owner even if the possessor ceases to possess corporeally
3. Corporeal Possession: the exercise of physical acts of use, detention, or enjoyment over a thing
4. Constructive Possession: one who possesses a part of an immovable by virtue of a title is deemed to have constructive possession within the limits of his title. In the absence of title, one has possession only of the area he actually possesses.
Definition of Co-Ownership
Art. 480. two or more persons may own the same thing in indivision, each having an undivided share
1. Definition of Usufruct
2. Definition of Predial Servitude
3. Definition of Servient Estate
4. Definition of Dominant Estate
1. Usufruct is a real right of limited duration on the property of another. The features of the right vary with the nature of the things subject to it as consumables or nonconsumables (Art. 535)
2. Predial Servitude is a charge on a servient estate for the benefit of the dominant estate (Art. 646)
3. Servient Estate: the estate subject to servitude
4. Dominant Estate: the estate benefiting from servitude
Definitions:
1. Accession
1. the ownership of a thing includes by accession the ownership of everything that it produces or is united with it, either naturally or artificially, in accordance with the following provisions
Art. 506. In the absence of title or prescription, the Beds of non-navigable rivers or streams....
belong to riparian owners
Elements of 10 Year Acquisitive Prescription and 30 Year Acquisitive Prescription
1. corporeal possession
2. 10 years
3. Good Faith
4. Just Title
30-Year
1. Corporeal Possession
2. 30 years
3. continuous, uninterrupted
4. intent to own
5. susceptible of acquisitive prescription
Creation of Indivision
1. Manufactured a new thing partly from own materials and partly from materials of another (Art. 513)
2. Termination of community property regime (Art. 2356)
3. As the result of a voluntary transfer of ownership
1. Usufruct of Consumables
2. Usufruct of Nonconsumables
1. Art. 538. Usufruct of consumable things
If the things subject to the usufruct are consumables, the usufructuary becomes owner of them. He may consume, alienate, or encumber them as he sees fit. At the termination of the usufruct he is bound either to pay to the naked owner the value that the things had at the commencement of the usufruct or to deliver to him things of the same quantity and quality.
2. Art. 539. Usufruct of nonconsumable things
If the things subject to the usufruct are nonconsumables, the usufructuary has the right to possess them and to derive the utility, profits, and advantages that they may produce, under the obligation of preserving their substance.
Definition of Good Faith (under ACCESSION)
Formal Dedication
Allows a new possessor who acquires possession by title from a former possessor to cumulate the time of possession of the former possessor with his own
Tacking
Imprescriptible
1. juridical act or by operation of law
2. created by juridical act is called conventional act; usufruct created by operation of law is called legal
Definition of Accessory
a corporeal movable that serves the use, ornament, or complement of the principal thing.
Construction Permanently Attached owned by someone other than owner of land
Separate Movable
______ ________ represents the person of the deceased, and succeeds to all his rights and charges.
______ ________ succeeds only to the rights appertaining to the thing which is sold, ceded or bequeathed to him.
Universal successor
Particular successor
Describe the types of Partition
1. Partition in Kind: permits each co-owner to take his or her proportionate share of the actual thing held in indivision
2. Partition by Lictation:The thing is sold at a properly advertised and noticed public auction and adjudicated to the highest bidder
3. Partition by Private Sale: courts discretion to avoid a public auction and instead order a private sale, which is far more likely to result in all co-owners receiving fair market value for their shares in indivision
The usufructuary has no right to the enjoyment of a treasure found in the property of which he has the usufruct. If the usufructuary has found the treasure, he is entitled to keep one-half of it as finder.
how do you determine a principal thing
Art. 509. Value or bulk as a basis to determine principal thing
In case of doubt as to which is a principal thing and which is an accessory, the most valuable, or the most bulky if value is nearly equal, shall be deemed to be principal.
Movables may be immobilized through:
1. Incorporation
2. Attachment
3. Declaration
when two persons who are unquestionably owners or possessors of tracts of land have a dispute about the boundary line separating their tracts, rather than ownership of those tracts.
True/False:
Co-owner may make substantial alterations or improvements without consent of all co-owners.
False.
Art. 804. Substantial alterations or improvements:
Termination of Predial Servitude
1. Destruction of the dominant or servient estate
2. confusion
3. prescription of non-use (Extra 100 points if know prescriptive period of 10 years)
4. Renunciation by dominant estate owner
5. conditional power of grantor
when a person uses their materials to make a new thing, who does the new thing belong to? and what is the owner bound to?
Belong to owner of materials; reimbursement for value of workmanship
when value of workmanship exceeds that of materials, thing belongs to person who made it; bound to reimburse owner of materials their value