I. THINGS (De Rerum Divisione) Modes of Treating the Law of Things: 1.

to inquire of what divisions things themselves are susceptible 2. to divide the rights over things II. PROPERTY Things (res)- whatever is capable of being the subject of a right Principal Division of Things According to Gaius: 1. Res Divini Juris things subject to divine law. 2. Res Sacrae things dedicated to the Gods above and consecrated by the pontiffs. a. Res Religiosae things dedicated to the Gods below b. Res Sanctae things placed under the protection of the gods. 3. Res Humani Juris things subject to human law and are capable of human ownership a. Res Publicae property belonging to the state and for the use of the citizens. b. Res Privatae properties capable of being owned by individual persons or entities Division of Things Under Another Classification 1. Res Publicae things for public use 2. Res comunes things common to all mankind 3. Res Universitatis things belonging to corporate bodies 4. Res Alicujus things belonging to someone Classification of Things Under The Old Law 1. Res Mancipi things which require the formality of mancipium in order that it can be transferred 2. Res Nec Mancipi things which may be transferred without formality 3. Res Corporales physical things which are tangible 4. Res Incorporales things which do not have physical existence over which rights may be exercised Classification of Things Based on Its Use 1. Res Quae Usu Consumuntur things consumed through use 2. Res Quae Usu Non Consumuntur things which cannot become consumed by its use Distinction of Rights in the Treatment of Things 1. Jus in Rem a right enforceable against any person in the whole world 2. Jus in Personam a right against a party to an obligation III. OWNERSHIP Ownership (dominium) a right of enjoyment or control over a thing unless limited by law. - A perfect and complete property or ownership of a thing Five Inherent Elements 1. Jus utendi right to use the thing 2. Jus abutendi right to abuse 3. Jus fruendi right to enjoy the fruits 4. Jus disponendi right to dispose of the thing 5. Jus vindicandi right to defend the title against anybody and to recover

Two Concepts of Possession (possession) 1. Natural possession the mere physical detention or holding of a thing 2. Civil possession the actual or physical detention coupled with the intent to retai the thing as ones own Two Elements in Possession 1. Corpus physical 2. Animus intent Main Classes or Modes of Acquiring Ownership 1. Original 2. Derivative 3. Authority of State Under Original 1. Occupatio the taking possession of the thing which never had an owner or had ceased to have one Two Essential Elements of occupation a. The thing to be acquired is res nullius, that has not been appropriated by another person b. The person acquiring must have physical control (corpus) and the intent (animus). 2. Accessio the mode of acquiring owndership by the increase or actual gain of ones property Forms of accession a. By natural increase: a.1 Fructus the fruits of ones property become the property of the owner thereof. - the rents of buildings or interest on money are called fructus civilis a.2 Alluvion the gradual addition to the land of the owner by the action of the water - if the action of the river is so sudden and it cuts a known portion of land and transfers it to the land of another, this is avulsion and the original owner retains ownership of that property a.3 Insula in flumine nata the formation of an island in the river a.4 Beds of rivers which are abandoned by the natural change of course of waters is owned by the proprietor of the bank up to the line of the mid channel. - the new bed follows the condition of the mid river. It becomes public property. - if after some time the river returns to its former channel, the new bed becomes the property of those who own the lands along its banks. a.5 Plantatio whatever is planted on the land has taken root is owned by the owner thereof. a.6 If anyone has bona fide purchased land from another, thinking that the land was his when in fact it was not, or has bona fide acquired it by gift, natural reason demands that he should own the fruits for his care and culture

- if the real owner claims the land, he can have no action for fruits which the possessor has consumed. - the mala fide possessor was obliged to give the value of the fruits he has consumed b. By an act of man b.1 Written characters, even of gold, accede to the owner of the paper or parchment on which they are written. b.2 If a person paints on the tablet of another, the tablet should accede to the picture, that is, the painter becomes the owner of the tablet. b.3 Inaedificatio if a man builds upon his own ground with the materials of another, he is considered the owner of the building on the principle of superficies solo credit b.4 By mixture of things intentional or accidental Confusio mixture of fluids Commixtio mixture of solids Communi Dividundo an action resorted when one of the joint proprietors could procure their own share Derivative methods of Aquiring Ownership 1. Manicapation a formal ceremony of transfer of property of a symbolic act in the presence of both parties and witnesses 2. Ju jure cession a fictitious lawsuit where the transferee claimed before the praetor to be the owner of a res 3. Traditio the derivative mode by which an owner of a corporeal thing transfers to another his ownership Four Elements of tradition: a. The person who transferred it must be the owner b. He must place the person to whom he transferred it in legal possession of the thing c. He must transfer the thing with the intention of passing the property in it d. The person to whom it was transferred must receive it with intention to become the owner IV. DONATION It is understood from the terms dono, dare, as a mode of transferring property by gift. Two Kinds of donation: 1. Mortis Causa - Made in contemplation of DEATH. 2. Inter Vivos - Takes effect DURING THE LIFETIME of the donor. Generally, irrevocable, except in cases of ingratitude of the donee. Kinds of Donation Inter Vivos: 1. Donatio Ante Nuptias - donation made BEFORE the marriage. - gift on the part of the husband. 2. Donatio Propter Nuptias - donation made AFTER the marriage Thesaurus - If a buried treasure was found: 1. By A man on his land - he becomes the owner of the property. 2. In a sacred or religious place - he becomes the owner of the property, provided that it was not

through express search. 3. In the land of another and in a public property - half goes to the finder, and the other half to the proprietor. Usucapion - Mode of acquiring ownership through CONTINUOUS and UNINTERRUPTED possession for a length of time which eventually ripens into legal dominium (ownership). Requisites: 1. Things should be susceptible of being dominio. 2. It must have come into the power of the possessor by some legal mode of acquisition. 3. The possession must be bona fide (good faith). 4. Must NOT be a stolen property. Operates more readily on things appertaining to the soil. - Although possession is mala fide, if he transfers it to a person bona fide, the latter will acquire the property by long possession. Usurpatio - interruption of usucapion Under Justinian, possession for THREE YEARS was sufficient for movables. Prescriptio - Also known as possessio longi temporis. - Under the Praetorian period, praescriptio reffered to immovables whether Italian or provincial lands. - Longisimi temporis Adjudicato - The order of the court in an action to divide an inheritance or property owned in common. Lex - Special Statutes. V. SERVITUDES Divisions of Right of Ownership over things: Jura in suaere right exercised by the individual over his own property Jura in re aliena - right exercised by a person over the property of another. Servitudes - certain portions of the right of ownership separated from the rest, and enjoyed by persons other than the owner of the thing itself. How created: a. Testamento - testament b. Stipulatio agreement of parties c. Adjudicatio judicial decree for the division of inheritance d. Lege - law e. Praescriptio continuous and uninterrupted possession of the right f. Deductio transfer of ownership accompanied by reservation of a servitude Classifications: According to manner of exercise:

a. Positive the person entitled to the right could do something over the servient property. b. Negative - the person entitled to the right could prohibit the owner of the servient property from doing something which he could perform without servitude. According to nature of the right of the service: a. Praedial or real servitude - the right charged on an estate for the benefit of one estate belonging to another proprietor. Rural or Rustic Servitude - those which are enjoyed by one estate in favor of another estate. Iter the right of passage for a man on foot or horseback over the servient estate. Actus the right of driving beasts or vehicles. Via the right of passage, of driving beasts, vehicles, dragging stones over timber and of walking. Aquaeductus the right to conduct water through the land of another. Other forms: right to draw water, watering of cattle, feeding of cattle, digging sand, to burn lime. Urban Servitude those established in towns and cities. Oneris ferendi right to place the weight of a house on the adjoining house. Tigni imittendi right to insert a beam thru or upon a neighbors wall Stillicidii vel fluminis recipiendi right to let rain fall from ones roof upon the roof or adjacent land of a neighbor Altius non tollendi the right to prevent an adjoining owner from erecting edifices which would impair light and view. Ways to protect the right of view a. Ne luminibus officiatur prevented the res serviens from doing anything, whether building, planting or any other means, whereby light was intercepted from the house. b. Servitude no prospectui offendatur prevented a neighbour from doing anything that would make the view from the house of the res dominans less pleasant and open. c. Lus lumindean obliged a neighbour in building a wall to leave apertures through which we can look beyond. b. Personal Servitude - the right attached to the person entitled to it. VI. USUFRUCT Usufructus the right to use and enjoy the things movable or immovable belonging to others. Rights of the Usufructuary 1. Jus utendi make every possible use of the thing apart from consuming it. 2. Jus fruendi taking all the fruits of the thing. How terminated 1. Capitis diminutio - death 2. Non utendo per modum et tempus non-usage of right 3. Domino cedatur surrendering the right to the owner 4. Consolidatio acquires naked ownership of the whole property 5. If the object is consumed, has perished or suffered substantial alteration 6. Expiration of the period or accomplishment of the condition set.

Usuary vs. Usufructuary Usu use and enjoyment of the property of another to the extent essential for the needs of the usuary and his family. Characteristics: 1. May be constituted on slaves or beasts of burden 2. Habitatio or use of the house to the extent of inhabiting it for himself and his family. He cannot transfer his right to another. 3. Emphyteusis or the right of enjoying all the fruits and disposing it at pleasure of the property of another, subject to the payment of yearly rent to the owner. 4. Superficies - perpetual lease of anything built on land subject to the condition that a canon (rental) shall be paid. VII. PLEDGE & MORTGAGE PLEDGE ( jus pignoris ) - The right given to the creditor over a thing belonging to another in order to secure the payment of a debt. A creditor, with whom any subject has been pledged by his debtor in the security of his debt, is entitled, under his jus pignoris, to retain that subject until the obligation, in security for the fulfilment of which it was given, has been fulfilled. MORTGAGE (hypotheca ) - Contract whereby the debtor secures to the creditor the fulfillment of a principal obligation, specially substituting to such security immovable property or real rights over immovable property which obligation shall be satisfied with the proceeds of sale of said property or rights in case the said obligation is not complied with at the time stipulated Special Privileges attached to a mortgage 1. Fiscus or imperial treasury 2. Wife for her dos Right of Real Action (Action Quasi-serving) Distinctions between Pledge and Mortgage: 1. Generally, the Security in Mortgaged is an immovable property, while in a pledge it is a movable property. 2. In a pledge the ownership of the pledged property remains with the debtor (the pledgor or borrower). In a mortgage, the ownership of the mortgaged property is transfered to the creditor (banker or mortgagee). 3. Delivery of the property is essential to a pledge; hence the goods delivered by the pledgor or borrower will be in the custody of the banker. But, in a mortgage, the possession of the property will be with the borrower. Power to alienate property belonging to another person: General Rule: The power of alienation over a thing generally belongs to the owner. Exceptions: 1. Creditor may alienate according to the agreement, alienate the thing pledged or mortgafed if the obligation was not fulfilled.

2. Tutors and curators may in certain cases, alienate the goods of their pupils. Acquiring Property through another person: General Rule - No one can acquire property through another person. Exception: Persons in the power of another may acquire property for the person under whose power they were (e.g., Children under patria potestas)

Prepared by: Abias, Yhelene Marie Agnote, Ryan Ariosa, Renan Celestial Guevarrra, Jessica Ongoco, Katrina Grace Pedrajas, Charlene 1AA