I. DEFINITION OF PROPERTY
Is an economic concept, meaning a mass of thingsuseful to human activity and which are necessary tolife, for which reason they may be organized anddistributed in one way or another, but, always for thegood of the main.
In order that a thing may be considered as property:
capacity to satisfy human wants
Individuality or Substantivity
an autonomousor separate existence; materials composing athing are not thing in themselves.
Appropriability or susceptibility toappropriation
Classification under the Civil Code
Immovable or Real Property
Lands, buildings, road and constructions
of allkinds adhered to the soil.2.
Trees, plants, growing fruits
while they areattached to the land or form an integral part of animmovable3.
to an immovable in a fixedmanner, in such a way that it cannot be removedwithout breaking the material or deterioration of the object4.
Statues, reliefs, paintings or other objectsfor use or ornamentation
, placed in buildings oron lands by the owner of the immovable in such amanner that it reveals the intention to attach thempermanently to the tenements5.
Machineries, receptacles, instruments andimplements
intended by the owner of thetenement for industry or works which may becarried on in a building or on a piece of land, andwhich tends directly to meet the needs of the saidindustry or works6.
Animal houses, pigeon houses, beehives, fishponds or breeding places of similar nature
, incase their owner has placed them or preservesthem with the intention to have them permanentlyattached to the land, and forming a permanentpart of it; the animals in these places are included;7.
actually used on a piece of land8.
Mines, quarries, and slag dumps
, while thematter thereof forms part of the bed, and waterseither running or stagnant9.
Docks and structures
which, though floating areintended by their nature and object to remain at afixed place on a river, lake or coast10.
for public works and
other real rights
over immovable propertya.
those which cannot be moved fromplace to place Art 415, Par 1 Land, buildings, road and constructions of allkinds Art 415, Par 8 Mines, quarries and slag dumpsb.
By Incorporation Art 415, Par 2 Trees, plants and growing fruits Art 415, Par 3 Everything attached to an immovable Art 415, Par 7 Fertilizersc.
By Destination Art 415, Par 4 Statues, reliefs, paintings and other objects foruse or ornamentation Art 415, Par 5 Machines, receptacles, implements andinstruments Art 415, Par 6 Animal houses, pigeon-houses, beehives,fishponds and breeding places of similar nature Art 415, Par 9 Docks and structuresd.
By Analogy Art 415, Par 10 Contracts for public works, servitudes and otherreal rights over immovable property
Movables or Personal Property
Art 416 The following are things deemed to be movableproperty:(1)
Those movables susceptible of appropriation which arenot included in the preceding article(2)
RP which by any special provision of law is consideredas personalty(3)
Forces of nature which are brought under the controlby science(4)
In general, all things which can be transported fromplace to place without impairment of the real propertyto which they are fixed (c.f. Art 415 No 3) Art 417 The following are also considered as personal property:(1)
Obligations and actions which have for their objectsmovables or demandable sums(2)
Shares of stock of agricultural, commercial andindustrial entities, although they may have real estate2.
Importance and Significance of ClassificationFrom point of view of:i.
Form of contracts involving movables or immovablesiii.
Double Sales under Art 1544 Art 1544 If the
should have been sold to
, the ownership shall be transferred tothe person who may have
first taken possession
in good faith
, if it should be
(applies to unregistered lands)
For registered lands:
Should it be
, the ownership shall belong to the personacquiring it who in
it in theRegistry of Property.Should there be
, the ownership shall pertainto the person who in good faith was first
; and, in the absence thereof, to the personwho presents the
, provided there is good faith.vii.
Preference of Creditsviii.
Causes of Action to Recover3.
Differences between Real Rights and Personal Rights
Point of comparisonREAL RIGHTS PERSONALRIGHTS
Definition Power belonging toa person over aspecific thing,without a passivesubject individuallydetermined againstwhom such rightmay be personallyexercisedPower belonging toone person todemand toanother, as adefinite passivesubject, thefulfillment of aprestation to give,to do or not to doElements 1)
Subject andobjectconnected by arelation of ownership of the former overthe latter2)
A generalobligation or1)
Two subjects:active andpassive(bound toperformprestationincumbentupon him byreason of a