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Property Meeting 2
Property Meeting 2
A: ROMAN LAW
Q: Motorcycle in the parking lot? Does it mean that you no longer have the right of possession over it?
Q: How can you show that you have the right over the thing or possession?
A: Constructive Possession. Possession in Civil Law not only refers to actual possession as long as you
have evidence or proof of ownership especially if you are referring to real property.
Q: What can limit or restrict the exercise of the right to use? Take for instance, the use of a real
property?
Q: Right to enjoy the fruits? How should fruits be defined? When the law talks about the right of an
owner to enjoy the use of fruits what fruits are referred to?
A: Personal Property – replevin > relate to family code > needs a written consent if a spouse sells or
disposes a conjugal property
Q: If after the expiration of a lease contract the lessee doesnt want to vacate what to file
It is important to note that you need to be aware of what remedies to file. Ignorance of the law excuses
no one therewith. It is not an excuse to feign ignorance.
Q: A period of one year is only given to file FE or UD. Period start upon demand. Reckoning point is the
receipt of the actual written demand.
Q: Right to abuse
A: The right to consume/ use of property in a way other than the way it is intended to be used > tatayo
sa upuan
A: Right to possess > Right to use / If owner allows right to use fruits
Q: RENT CONTROL ACT > no right to sub-lease unless there’s a written consent (residential)
For non-residential you can sub-lease provided that there is no express prohibition
Q: Hiram na motorcycle na walang bayad > possession and use > commodatum
Q: If there are informal settlers in your property, can you use force to repel?
- If usurpation already took place you can no longer avail of the doctrine of self-help
- SAME REQUIREMENTS in CRIM AND CIVIL LAW: THERE MUST BE AN ACTUAL
THREAT
A: Government confiscates a property to destroy or impose restrictions it for purposes of public safety
Q: 437. 6 rights are not absolute > limited by restrictions and inherent powers of the state
A: (1) The owner is unknown; (2) discovery should be by chance; (3) finder is not a trespasser (4) hidden
& unknown money (ELEMENTS OF HIDDEN TREASURE PAGE 11)
A: See: Art. 719. They should’ve surrendered it to the proper authority. Lost and Found section. There is
unjust enrichment.
A: Civil liability might arise but not criminal liability because there is no criminal intent.
A: 50:50 owner-finder
Q: Should be discovered by chance. Feng Shui expert, valuables in backyard. May nakita? Hidden
Teasure? Who owns it? Dude hired three other dudes to excavate.
A: Yes. It is a treasure. By chance eh. Who owns? (201) If there is a prior agreement, then walang rights
yung naghukay kasi bayaran siya
A: Dudes are now co-owners. Not by agreement of the parties but by the nature of the object being
indivisible. Co-ownership created by operation of law.
Q: If the finder is married? Is it exclusively owned by the finder or does it form part of the conjugal
property?
A: Family code provides that share of a married finder forms part of the conjugal property.