Documente Academic
Documente Profesional
Documente Cultură
JD II 2
PROPERTY
FISCAL QUERUBEN GARCIA
I. CO-OWNERSHIP
1. Requisites of Co-Ownership
In order that co-ownership may exist the following
requisites must concur:
a) Plurality of subjects;
b) Unity of object;
c) Recognition of ideal share or intellectual shares of
the co-owners which determine their rights and
obligations.
2. How to determine share of co-owners in the benefits
and charges arising from the co-ownership
As provided in Art. 485 of the Civil Code, The share
of the co-owners, in the benefits as well as in the
charges, arising from the co-ownership shall be
proportional to their respective interest, and any
stipulation in a contract to the contrary shall be void.
Consequently, in order to determine the share of the
co-owners in the benefits and charges, the respective
interests in the co-ownership must be first
determined.
Under the law, such interests are
presumed equal, unless the contrary is proved.
3. Limitations upon right to use the thing owned in a
co-ownership
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II. POSSESSION
1. Requisites of possession
The requisites of possession are as follows:
1. The corpus or holding or material detention or
enjoyment of a thing or right;
2. The animus possidendi or intent to possess the
thing or right.
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which
possessor
legitimate
could
have
net
harvest
in
retention
reimbursed
until only
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and
limited
right of removal
Art. 548-549 as to expenses for pure luxury or
mere pleasure
Good Faith
Bad Faith
No right of refund or Limited right of removal
retention, but with right of
limited removal
Art. 552 as to loss and deterioration
Good Faith
Bad Faith
No liability, unless due to Always liable, whether due
his fault or negligence after to his fault or negligence or
he had become possessor due to a fortuitous event
in bad faith
4. Necessary
expenses;
useful
expenses;
ornamental/purely luxury expenses
Necessary expenses are those expenses made for the
preservation of the thing or those without which the
thing would deteriorate or lost. Whether in good faith
or in bad faith, a possessor is entitled to the refund of
necessary expenses incurred by him. In addition, a
possessor in good faith is also entitled to retain the
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USUFRUCT
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1. Requisites of Usufruct
The requisites of usufruct are:
1. It must be a real right over anothers property;
2. Which is of a temporary nature or duration;
3. For the purpose of enjoying the benefits and derive
all advantages from the object as a consequence of
normal use and exploitation.
2. How constituted
As provided in Art. 563 of the Civil Code, Usufruct is
constituted by law, by the will of private persons
expressed in acts inter vivos or in a last will and
testament, and by prescription.
3. Abnormal usufructs
Abnormal or imperfect or irregular usufructs are
those where the usufructuary does not have the
obligation of preserving the form and substance of the
property which is the object of the usufruct. Thus,
according to the following articles:
Whenever the usufruct includes things which,
without being consumed, gradually deteriorate
through wear and tear, the usufructuary shall have
the right to make use thereof in accordance with the
purpose for which they are intended and shall not be
obliged to return them at the termination of the
usufruct except in their condition at that time; but he
shall be obliged to indemnify the owner for any
deterioration they may have suffered by reason of his
fraud or negligence (Art. 573, New Civil Code).
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NUISANCE
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DONATION
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prescriptive period
The donation may be revoked at the instance of the
donor, by reason of ingratitude in the following cases:
1. If the donee should commit some offense against
the person, the honor or the property of the donor,
or by his wife or children under his parental
authority;
2. If the donee imputes to the donor any criminal
offense, or any act involving moral turpitude, even
though he should prove it, unless the crime or the
act has been committed against the done himself,
his wife or children under his authority;
3. If he unduly refuses him support when the donee
is legally or morally bound to give support to the
donor.
The action for revocation of the donation by
reason of ingratitude may not be renounced in
advance and that same prescribes within a period of
one (1) year counted from the time that the donor had
knowledge of the fact and it was possible for him to
bring the action. If it was possible for the donor to
bring the action but he did not do so, the right is not
transmitted to his heirs even if he dies before the
expiration of the one-year period. If upon the death
of the donor the one-year period has not yet
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