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Modes of Acquiring Ownership
Modes of Acquiring Ownership
Real right (jus in re) is a right belonging to a person over a specific thing, against
whom such right may be personally enforced, while personal right (jus ad rem) is
a right belonging to a person to demand from another, the fulfillment of a
prestation to give, to do or not to do.
1. Occupation
2. Intellectual creation
3. Prescription
4. Law
5. Donation
6. Testate and instestate succession
7. In consequence of certain contracts, i.e., tradition.
The first 3 are original and the last four are derivative. Original if the ownership is
created for the first time in the person of an individual who has no predeccessor
with respect to the title, and it is derivative if the ownership is merely transferred
from one individual to another.
In law, independently of the other modes, automatically and directly vests the
ownership of the thing in a certain individual once the prescribed requisites or
conditions are present or complied with.
Examples:
2. Fruits naturally falling from a tree upon adjacent land. Here, the ownership of
the fruits is vested automatically in the owner of the adjacent land. (Art. 681)
Tradition is a derivative mode by virtue of which they are transmitted from the
patrimony of the grantor to that of the grantee by means of a just title, there being
both the intention and the capacity on the part of both parties.
Kinds of tradition:
OCCUPATION
(Arts. 713-720)
INTELLECTUAL CREATION
(Arts. 721-724)
DONATION
(Arts. 725-773)
Its requisites:
Kinds of donations:
AS TO EFFECTIVITY –
1. Donation inter vivos are those which take effect independently of the donor’s
death.
a. Simple
b. Remunerative is where a person gives to another on account of services
rendered by the latter to the former, provided that they do not constitute a
demandable debt.
c. Onerous is where a person gives to another in consideration of demandable
debt.
2. Donation mortis causa are those which are effective upon the donor’s death
and must therefore be governed by the rules of testamentary succession. (Art.
728) Thus, the donation is revocable at will. (Q3, 1990 Bar)
The right to dispose of some of the things donated, or of some amount which
shall be a charge thereon, may be reserved by the donor; but if he should die
without having made use of this right, the property or amount reserved shall
belong to the donee. (Art. 755) (Q3, 1990 Bar)
AS TO PERFECTION OR EXTINGUISHMENT –
The donation inter vivos is perfected from the moment the donor knows of the
acceptance by the donee. (Art. 734)
In order that a person can make a donation, 3 requisites are necessary. They
are:
In order that a person can accept a donation, only one requirement is necessary,
that, he must not be prohibited or disqualified by law from accepting the donation.