Property

Note: Both present and future property, like a

harvest, may be the subject of sale b generally
not the subject of a donation.

Definition:

Civil Code: Art. 414 an object, is that which is, or may be,
appropriated.
Subject in a Law Course branch of civil law which classifies
and defines the different kinds of appropriable objects,
provides for their acquisition and loss, and in general, treats of
the nature and consequences of real rights.

Thing vs. Property

E)

b.

Dependence or Importance
a. Principal
b. Accessory

G)

Capability of Substitution
a. Fungible ( capable of substitution by other things
of the same quantity and quality)
b. Non-fungible (incapable of such substitution,
hence, the identical things must be given or
returned)

H)

Nature or Definiteness
a. Generic (one referring to a groupor class)
b. Specific (one referring to a single, unique object)

I)

Whether in the Custody of the Court or Free

a. In custodia legis (in the custody of the court)
when it has been seized by an officer under a
writ of attachment or under a writ of execution
(De Leon vs. Salvador, L-30871, Dec. 28, 1970)
b. free property (not in custodial egis).

Classification of Things:

Depending on Nature of their ownership

a)

Res nullius (belonging to no one) have not yet been

appropriated or because they have been abandoned (res
derelictae) by the owner with the intention of no longer
owning them; wild animals (feraenaturae), wild birds, and
pebbles lying on the seashore

b)

Res communes (belonging to everyone) their use and

enjoyment are given to all of mankind
Ex. Air, wind, sunlight, and starlight

c)

Res alicujus (belonging to someone) objects, tangible or

intangible, which are owned privately, either in a collective
or individual capacity.
Ex. Your book, your shares of stock, your parcel
of land

Classification of Property:
A)

Mobility and non-mobility

a. Movable or personal property (ex. Car)
b. Immovable or real property (ex. Land)

B)

Ownership
a. Public dominion or ownership (ex. Rivers)
b. Private dominion or ownership (ex. Fountain
pen)

C)

Alienability
a. Within the commerce of man (or which may be
the objects of contracts or judicial transactions)
b. Outside the commerce of man ( like prohibited
drugs)

D)

Existence
a. Present property (res existentes)
b. Future property (res future)

Intangible or incorporeal (rights or credits, like

the credit represented by a P1,000
BangkoSentral Note)

F)

Technically, thing is broader in scope for it includes both

appropriable and non-appropriable objects.
Note: Property involves not only material objects but also intangible
things, like rights or credits.

Materiality or Immateriality
a. Tangible or corporeal (objects which can be
seen or touched, like the paper on which is
printed a P1,000 BangkoSentral Note)

Characteristics of Property:
a)
b)
c)

Utility for the satisfaction of moral or economic wants

Susceptibility of appropriation
Individuality or substantivity (can exist by itself, and not
merely as a part of a whole)