Property

characteristics
utility for satisfaction
or moral or
economic wants
susceptibility of
appropriation
individuality or
substantivity
classification
(mobility)
real or immovable
personal or movable
academic
classification
by nature
by incorporation
by destination or
purpose
analogy
classification as to
ownership
public dominion
public use
public service
development of
national wealth
private ownership
patrimonial property
(State)
private property
individually or
collectively
subject to limitations
* property of
provinces,
municipalities, cities
public use
patrimonial
property

Ownership
exercised over
things
rights
kinds
full ownership
naked
ownership
sole ownership
co-ownership
attributes
possess
enjoy
dispose
recover
*in RL: use and
abuse included
limitations
state
police power
condemnation
seizure
eminent
domain
expropriation
natural
ordinary
extraordinary
taxation
law
owner
(grantee)
grantor
modes of
acquisition
OLD TIPS

Accession
accession discreta
(to the fruits)
natural
spontaneous
products of the soil
young of animals
industrial
cultivation
application of labor
civil
rents
price of leases
annuities
other similar
income
accession continua
(attachment or
incorporation)
real property
accession industrial
building
planting
sowing
accession natural
alluvium
avulsion
change in teh
course of rivers
formation of
islands
personal property
adjunction or
conjunction
inclusion
(engraftment)
soldadura
(attachment)
tejido (weaving)
pintura (painting)
escritura (writing)
mixture
confusion (liquids)
commixtion (solids)
specification
Accession Industrial (building, planting, sowing, and other constructions)
Good Faith and Bad Faith Provisions (Articles 447-455, NCC)

Article Persons Involved Good Faith Bad Faith Remedy
447 and 454 Landowner/ Builder

Owner of the Materials
Pay the value of the
materials

Pay the value of the materials
plus damages



(Builder GF) Right to remove if no injury
(Builder BF) Absolute right to remove
plus indemnity
448







449-451
Landowner



Builder
Appropriate as his own after
payment of indemnity


Pay the value of the land if
value of building > land








Loses the building without
indemnity
Pay the proper price of the land
or proper rent (landowners
choice)
No right of removal unless builder fails to
pay; value of land > building may demand
reasonable rent

If he fails to pay, he may pay rent,
demolish the building, or sell the
property at public auction (ordinary
money debt)

Landowner may demolish or get the
house; removal of the plants or building;
compel the builder to pay the price of
the land or rent; landowner is entitled to
damages. (all at the expense of the
builder)
452 Builder, planter, sower Entitled to reimbursement for
NECESSARY EXPENSES for
preservation of the land

453 Landowner
Builder
Acted in bad faith
Acted in bad faith
*both are considered in good faith, bad
faith is neutralized
455 Landowner
Builder
Owner of the materials


Entitled to reimbursement
from the builder or
landowner (whoever
benefitted from the
materials)


Loses all rights to be
indemnified and liable for
CONSEQUENTIAL DAMAGES