Presentation
* It is acceptably found that a property has a broader scope than a thing because thing is included in the definition of the property.
Nature of thing
Thing is corporal object
Nature of thing
Cars
Nature of thing
Pens
Nature of thing
Candy
Nature of property
1. Corporeal and incorporeal objects. Corporeal object is thing Incorporeal object is the object which has not material existence in itself. We are unable to see incorporeal object in reality. Ex. Wind power, water power , copyright
Nature of property
Incorporeal
Copyright
Nature of property
2. Thing and property are susceptible of having value. It mean that valuable in itself. This need not be an economic value. But value to mind or emotion and have value for the owner, they count as property.
Nature of property
movie ticket
A Love letter
Chips
Nature of property
3. Thing and property are susceptible of being appropriated Being appropriated refers to a taking or seizing of property or thing by a person for his/her own. An appropriation may derive either from the ownership or possession
Classification of Property
1. Immovable Property 2. Movable Property 3. Divisible Things 4. Indivisible Thing 5. Thing Outside of Commerce
Immovable Property
Land or things that fixed permanently to land or joining as part of the land. (Included real rights)
Immovable Property
There are 4 kinds of immovable property. 1. Land : the earths surface, ground, mountain, beach and island.
Immovable Property
2. Things fixed to land permanently
By nature : created in the land naturally eg. rocks, tree (planted for more than 3 years.) By human : structures - must be fixed to land tightly and permanently - not necessarily forever
Immovable Property
3. Thing forming a body with land :
is a thing formed on the land and joining as part of the land. Naturally : eg. stone, sand, waterfall, river. Man-made : eg. road *thing buried in the ground is not claimed as the immovable property*
Immovable Property
4. Real rights : rights to claim on property. There are 5 kinds of real rights
(1) Ownership : the right to be an owner of the immovable property. (2) Possession : the right to possess the property.
Immovable Property
(3) Habitation : the right to stay in a building without paying rent. (4) Servitude : the right of some benefit use out of the land of another. (5) Superficies : the right created by the owner of the land in favour of another person giving him the right to own the land or building.
Movable Property
Things other than immovable property includes rights connected therewith.
Movable Property
1) Thing other than immovable property . Property which is moved from one place to whether by its own force.
car
Animal
Pencil
Movable Property
2)Right connected with movable property.
There are 3 type of movable property.
1.The ownership of movable property
2.The right of possession of movable property. 3.The right in the intellectual property.
-Some right can be created only on the immovable property. -Some right can be created only on the movable property. (e.g. pledge)
Immovable property
-extended below and above the surface
Movable property
-no extension
Divisible Things
"Divisible things are those which can be separated into real and distinct portions, each forming a perfect whole."
For example : land, oil, rice and paper.
Indivisible Thing
"Indivisible things are those which cannot be separated without alteration in its substance as well as those which are considered indivisible by law."
Indivisible Thing
"Things outside of commerce are things incapable of appropriation and those legally inalienable."
There are two kinds of thing outside of commerce, which are: 1) Things incapable of appropriation
such as : the sky, the sun, the moon and the air.
Component Parts
CCC Section 144 states that,
A component part of a thing is that which,according to its nature or local custom, is essential to its existence and cannot be separated without destroying, damaging
-Non-parennial tree is a tree which grows only for a limited period of time, and crops which may be harvested one or more times a year.It isnt the component parts of the land.
3) Building or other structures, which in the exercise of a right over another persons land, has been fixed to the land by the person who has such right. it is not the component part.
Accessories
Accessories are moveable things which are invented to used or attached with principal thing According to section 147 there are 5 elements to be an accessory
1. Accessory must attracted to principal thing 1. Accessory must be a moveable thing 1. Accessory is used with the principal thing permanently by usual local conception 1. Accessory is used for management or preservation of the principal thing
Accessory is used with the principal thing permanently by usual local conception
Some accessory is attached to the principal thing all the time Eg. Battery of the mobile phone Some accessory is not always attached to the principal thing Eg. Key and the lock
Some accessory always used with principal thing by its nature Eg. Spare tyre and the car
Accessory
Principal thing
Accessory is not attached to the principal item firmly or tightly Eg. Tyre is fixed to car tightly but spare tyre is not fixed to the car tightly
Accessory can be separated from the principal thing without damaging the principal thing
Fruits of a thing
CCC said that fruits of a thing have a broader scope than a general perception
1.
2.
Legal Fruit
Natural fruit
Offspring of the thing
Legal Fruit
The owner obtain the interest periodically by another person for using the thing Eg. Deposit money , Rent a building , Shareholder dividend
5.)
Brought to the principal thing only by the owner of the principal thing.
Ownership
Ownership is a real right representing the ownership of the property subject to the enforcement of the CCC. - (Ownership is an absolute right - anyone who has an ownership of the property should have the right permanently)
Possession
A person acquires possession by holding a property with the intention of holding it for himself. In addition, a person may acquire possession through another person holding for him.
Servitudes
Servitudes are a kind of the real rights that the owners of an immovable property is bound. Servitudes may be acquired by prescription. (Servitudes is extinguished by non-usage for 10 years)
Habitation
A right of habitation may be created either for a period of time or for the for the life to the grantee. (The grant may be renewed for a period not exceeding 30 years from the time of renewal.)
Superficies
The owner of a piece of land may create a right of superficies in favor of another person by giving him the right to own. (The right of superficies is transferable by the inheritance.)
Usufruct
Usufruct is the real right which the usufructuary (right holder) is entitled to the possession, use and enjoyment of the property. (The usufructuary has the right of management of the property.)