Professional Documents
Culture Documents
523 to 561)
A. Definition and concept.
i)
In general (Arts. 523-561 NCC)
ii)
Who exercises (Arts. 524; 532; 535; 538 NCC)
iii)
Status (Arts. 526-29 NCC)
B. Essential requisites of possession.
i)
Holding/control of thing or right.
ii)
Animus possidendi.
C. Degrees of holding of possession.
i)
Mere holder without title
ii)
With juridical title but not ownership.
iii)
With just title or title sufficient to transfer ownership, but not
from the true owner.
iv)
With just title from true owner.
D. Cases of possession.
i)
In ones own name; name of another. (Art. 524 NCC)
ii)
Concept of owner; mere holder. (Art. 525 NCC)
iii)
Good faith; bad faith. (Art. 526 NCC)
E. What things or rights may be possessed. (Art. 530 NCC)
F. What may not be possessed by private persons.
G. Acquisition of possession.
i)
Ways of acquiring possession (Art. 531 NCC)
ii)
By whom possession acquired. (Art. 532 NCC)
iii)
What does not affect possession (Arts. 536; 537; 538 1119)
H. Effects of possession.
i)
Right to be respected, protected and restored of possession.
a) Actions to recover possession:
Accion interdictal
Accion publiciana
Accion reivindicatoria
Replevin
b) Self-help (Art. 429 NCC)
ii)
Entitlement to fruits (Arts. 544 & 549 NCC)
iii)
Reimbursement for expenses (Arts. 552; 553 NCC)
iv)
Possession of movable acquired in good faith (Art. 559 NCC)
(to be continued)