Effects of Possession

Possession in Possession in USUFRUCT

Good Faith Bad Faith
The right to enjoy the property of another with
Ornament  Not May remove
al entitle ornamental the obligation of preserving its form and
Expenses d to works substance, unless the title or the law
refund constituting it provides, otherwise. (Art 562)
if  If the
Characteristics:
owner owner
want does (1) Real right of use and enjoyment
to not to (2) Temporary duration (Art. 605-656)
acquir retain (3) Transmissible (Art. 572)
e but posses (4) Constituted on real or personal
has sion of
property, consumable or non-
limited ornam
consumable, tangible or intangible.
right ents.
of  Princip Classifications:
remov al
al thing (1) Legal or by law. (Art. 563)
does (2) Voluntary, or by the will of private
 If not persons.
owner suffer (3) By Prescription.
wants injury.
to NOTE: The usufructuary right is one that may be
acquir leased and sold, hence, it is considered as an
e “interest” in real property. Likewise, such
ornam usufructuary right may be subject to execution.
ents, (Reyes v Grey. GR no. 6969)
entitle
d to be DONATION
paid
Donation is an act of liberality whereby a
value
person disposes gratuitously of a thing or right
at
time in favor of another, who accepts it. (Art. 725)
of Donation Mortis Causa v Donation Inter vivos.
posses
sion. Morits Causa. Donations which are to take
Loss or Not liable for Liable for any effect upon the death of the donor partake of
Deteriorat deterioration type of loss or the nature of testamentary provisions, and shall
ion or loss, unless deterioration, be governed by the rules established in the Title
he acted with including on Succession. (Art 728)
fraud or those arising
negligence, from Inter Vivos. When the donor intends that the
after judicial fortuitous donation shall take effect during the lifetime of
summons. event, as the donor, though the property shall not be
insurer of the delivered till after the donor's death, this shall
property. be a donation inter vivos. The fruits of the

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 property from the time of the acceptance of the Grounds for revocation of donations:
donation, shall pertain to the donee, unless the
(1) Supervening birth, appearance or
donor provides otherwise. (Art 729)
adoption of a child. (Art. 760 and 761).
Donation when perfected: (2) Failure to comply with any condition
imposed upon the donee (Art. 764)
The donation is perfected from the moment the
(3) Acts of ingratitude of the done:
donor knows of the acceptance by the donee.
a. If the done commits an offense
(Art. 738)
against the person, honor, or
Forms of Donation: property of the donor, his wife,
or children under his parental
(1) Donations of movable Property authority;
a. Value > P5,000 b. If the done imputes and
i. Donation and criminal offense or act involving
acceptance – in writing; moral turpitude, unless the crim
otherwise, it is void. has been committed against the
b. Value < P5,000 done himself, his wife, or
i. Orally – Simultaneous children under his authority.
delivery is required c. If he unduly refuses him
(actual or constructive) support when the done is
for validity; acceptance legally or morally bound to give
oral or written. support to the donor. (Art.
ii. In Writing – Valid, with 765).
or without
simultaneous delivery.
(Art 748).
(2) Donation of Immovable property
a. Donations must always be in
public document specifying the
property donated and the value
of the charges which the done
must satisfy; And
b. Acceptance may be made either
in:
i. The same deed of
donation.
ii. In a separate public
document done during
the lifetime of the
donor, wherein the
donor is notified
thereof in an authentic
form, and such step is
noted in both
instruments. (Art 749).

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