You are on page 1of 36

Law of Property!

Created by Group 3"

! Properties are objects of right which a person, can claim the ownership or possession over." ! Property has broader scope than thing." Im the owner of
this house no one can trespass."

Denition and Nature of Thing and Property"


Corporeal & Incorporeal Objects"

! Corporeal objects have body, shape and form that can be seen and handle." ! Incorporeal objects have no body, shape and form."

Corporeal Object"

Incorporeal Object"

Nature of thing

Nature of property
Property can be both corporal and incorporeal object

Thing is corporal object

Thing and property are susceptible of having value For example: a love letter, a used movie ticket and a dead body of well known person Thing and property are susceptible of being appropriated For example: keeping or growing fish in floating basket or concssion of rights

Classication of Property"
!Immovable Property" !Moveable Property" !Divisible Things" !Indivisible Things" !Thing outside of Commerce"

2.1 Immovable Property"

!Immovable property denotes land and things xed permanently to land or forming a body therewith."

2.1 Immovable Property"

2.1.1 Land" ! !! -The earths surface, ground, including mountain, beach, and island."

2.1 Immovable Property"

2.1.2 Things xed to land permanently" ! !! -Things are not easily moved" Things xed to land by nature"
& &&

2.1 Immovable Property" Things xed to land by man-made"

2.1 Immovable Property"

2.1.3 Things forming a body with land" ! !! -Things are formed and joining as part of the land" Things forming a body with land naturally."

2.1 Immovable Property" Things forming a body with land by " man-made"

2.1 Immovable Property"

2.1.4 Real rights connected with immovable" ! !! -There are 5 kinds of real rights" 1. Ownership of the immovable property" 2. Possession of immovable property" 3. Habitation" 4. Servitude" 5. Supercies"

2.2 Moveable Property"

!Section 140 sates Movable property denotes things other than immovable property includes rights connected therewith.!

There are Two Kinds of Moveable Property"

There are two Kinds of Moveable Property"

2.2 Moveable Property"

!! Mobility can be taken from one place to another." !! Rights connected to the property can be created only on the movable property such as pledge." !! Length of time for the adverse possession for ve years." !! Form of juristic act does not require any form." !! Extent of ownership no extent."

Divisible Thing"
Thing that can be separated into portions and still remains the same form as it is before being separated."


Indivisible Thing"
Thing that cannot be separated into portions. If it is separated, the substance or the identity of such thing is changed."

Thing Outside of Commerce"

-! Thing incapable of appropriation it has endured in nature" -! Thing legally inalienable law prohibits to be transferable"

3.3 Parts of a Thing"

3.3.1 Component Part" - Is essential to its existence and cannot be separated without destroying, damaging or altering its form or nature."

3.3.2 Accessories"
! Accessories can be concluded as follow :" -! Must be attached to principal thing. " Example, spare tire is an accessory while the car is principal thing." -! Must be moveable thing." Example, a bird is principal thing and cage is accessory which is moveable. "

3.3.2 Accessories (continue)"

-! Used with the principal thing permanently by usual local concept." -! Used for management." Example, a case used for protecting glasses from scratching. " - Brought to the principal thing only by the owner."

3.3.3 Fruits of a Thing"

! Nature Fruit" Is a nature offspring of the thing and is obtained from the thing in the normal possession." Example :" -! Milk from a cow " -! Eggs from a hen "

3.3.4 Legal Fruit"

Is a thing or interests obtained periodically by the owner from another person for use of the thing. " Example :" -! A rent of the building " -! An interest of deposit money"

4. Real Right"
!A right of a person over the property"

4.1 Nature of Real Right"

! 4.1.1 Real right can be set up against all person."

-+.&/0&,1(&234(+&25& ,1(&2+61*+7&


4.1 Nature of Real Right"

! 4.1.2 Real right prevent properties owner from ! ! ! interfering with the use of property."
! &

-+.&/0&,1(&234(+&25& ,1(&2+61*+7&

-+.&:0&,1(&4(9;1<2+& 5*+=(+&

4.1 Nature of Real Right"

! 4.1.3 Real right applies to the property." ! ! Personal right applies to a person." ! " ! 4.1.4 Real right is created only by law." ! ! Personal right is created either by juristic acts ! or legal causes." ! &

4.2 Nature of Real Right"

! 4.1.5 Real right is not ended by not exercising the ! right over the property."
?(*@&?9;1,& ?(*@&?9;1,&




4.2 Classication of Real Right"

4.2.1 Ownership" ! - Ownership is an absolute right, that is, anyone
who has an ownership of the property should have that right permanently."

Right to utilize"

Right to sell"

Right to harvest"

Right to prevent from being stolen"

4.2 Classication of Real Right"

4.2.2 Possession" ! - A person can hold a property for his benets himself or have another person hold it for him."

Right to be an owner"

4.2 Classication of Real Right"

4.2.3 Servitudes" ! - An immovable propertys owner cannot refrain other people
from exercising certain rights inherent in his ownership (taking advantage from his property)." ! ! - Servitudes is ended by non-usage for 10 years."
Hey, kid! Dont ride on my road - it is my private property"

4.2 Classication of Real Right"

4.2.4 Habitation " ! - The right that allows a person to habitat in other persons habitation by not paying rental fee." ! - It is not transferable even by way of inheritance."
Knock##, Im back n you have lived in my house for 30 years. Pay me rental fee. " No way! Youve not been here for 30 years, so we have our right to pay you nothing."

4.2 Classication of Real Right"

4.2.5 Supercies"
The owner of land can give right of supercies to another person so that he can take advantages from the owners land."
! &

-+.&/0&,1(&234(+&25& ,1(&2+61*+7&

-+.&:0&,1(&4(9;1<2+& 5*+=(+&

4.2 Classication of Real Right"

4.2.5 Usufruct"
-The owner have the right of possession, management, enjoyment of property." -Usufruct may last for a period of time or the life of the usufructuary."
-+.&/&1*A(&19'&+9;1,& ,2&,*B(&*7A*4,*;('& 5+2=&19'&)+2)(+,C&

Thank you"
Members :" 1.! Nutchaya M. ! 2.! Napaporn P!! 3.! Jirayut W.! ! 4.! Rujipass C.!! 5.! Thanapat S.!! 6.! Chanasit V.!! 7.! Yizhou Z.! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ID : 545-5127" ID : 561-1707" ID : 561-1767" ID : 561-6117" ID : 561-6308" ID : 561-6337"