Académique Documents
Professionnel Documents
Culture Documents
Note: If the possessor has the physical apprehension of the thing, and the intent of holding the
Fourth Classification: Corporality thing as his own, then he has legal or civil possession. He is protected in his possession against
1. Res corporals- physical things or objects which are tangible (money, slaves, anyone who had no better title trough an interdict given by the praetor.
garment, gold).
MODES OF ACQUIRING OWNERSHIP (dominium) becomes the owner but must compensate the other. (accessory
1. Original Methods of Acquiring Ownership follows the principal).
i. Occupatio- the taking possession of a thing which never had an owner or If the thing can be reduced to its original nature, the thing belongs to
had ceased to have one. the owner of the materials with the obligation of compensating the
maker of his work.
If it could no longer be reduced to its former nature, it belongs to the
Elements: maker (nova species).
i. The thing to be acquired is res nullius (has not been appropriated by
another person. 02 Accidental Mixture- same rules apply if the mixture was by
ii. The person acquiring must have physical control (corpus), and the intent chance.
(animus). Confusio- mixing of liquids
Wild beasts, birds, fish as soon as they are taken by any one, immediately Commixtio- mixing of solids
become the property of the captor. But when it escapes, it recovers its natural
liberty 2. Derivative Methods of Acquiring Ownership
Two opinions on wounded animals (check book). i. Mancipation- a formal ceremony of transfer of property that are res manicipi
Bees and birds that inhabit one’s trees
of a symbolic act in the presence of both parties , the one who holds the scales
Fowls and geese are not naturally wild
(libra), and five witnesses (libripens).
Movables taken from the enemy are res nullius.
Precious stones found on the shore belong to the finder. ii. Jus jure cessio- a fictitious lawsuit where the transferee claimed before the
Animals that form the habit of returning to one’s property are his. praetor to be the owner of a res.
ii. Accessio- by the increase or actual gain of one’s property. iii. Traditio- mode by which an owner of a corporeal thing transfers to another his
i. By natural increase ownership.
i. Fructus- fruits of one’s property becomes the owner’s Elements of Traditio:
ii. Alluvion- the gradual addition to the land of the owner by the action
of the water. If sudden, it is avulsion. i. The person who transferred it must be the owner
iii. Insula in flumine nata- formation of an island in the river. Island ii. He must place the person to whom he transferred it in legal possession of the
belongs to the owner of the riparian banks. If island in the sea, first thing
finder. iii. He must transfer the thing with the intention of passing the property in it.
iv. Beds of rivers which are abandoned by the natural chance of course iv. The person to whom it was transferred must receive it with intention to become
of waters- owned by the proprietor of the bank up to the line of the the owner
mid channel.
v. Plantatio- whatever is planted on the land that has taken root is It is immaterial whether the owner delivers the thing himself or if someone else by his desire.
The mere with of the owner, without tradition, is sufficient to transfer the property in a thing.
owned by the owner.
Things thrown overboard in a storm to lighten a vessel remain the property of the owners as it
vi. Care and culture of bona fide purchased land.
is evident that they are not thrown away to get rid of them but only to escape the dangers of
the sea.
ii. By an act of man
i. Written characters- accede to the owner of the paper or parchment iv. Donation(De Donationibus)
on which they are written (poem, history, oration).
The letters are considered inseparable Transferring property by gift.
“dare” – means the whole property was passed by gift.
ii. Paintings on tables of another- tablet should accede to the painter. “dono” – expresses the motive
iii. Inaedificatio- when a man builds upon his own ground with the
materials of another, he is considered the owner of the building. Two Kinds of Donation:
Superficies solo cedit i. Donation mortis causa- donation made in contemplation of death.
Note: check book for difference scenarios and procedures Takes effect only upon the death of the donor
Recoverable anytime before the death
iv. Mixture of Things If done dies before donor, donation fails
01 Intentional Mixture- if two owners intentionally mix their If donor was insolvent at point of death, implied revocation because there’s nothing to
materials, the resulting product shall belong to them in donate.
common. But if unequal parts, the owner of the principal
ii. Donation inter vibos- takes effect during the lifetime of the donor. Longisimi temporis- if there is possession for thirty years , whatever vice or obstacle there
Donation completed once the donor has manifested his intention either in might be to the acquisition of the use (theft, violence, or mala fides) , the possessor could
writing or not. repel actions brought to claim the thing.
GR: irrevocable. EXPN: when the done seriously injured or attempted to injure the (40 years for ecclesiastical property or property mortgaged in the possession of the debtor)
donor, or when he failed to fulfil the conditions of the gift. If possession or use was interrupted, there is no usupacio.
01 Donation ante nuptias- made to take effect and on the condition of The praetor may intervene and create a fiction of law as if possession had never been lost at
anytime.
marriage. It precedes the marriage.
It is a gift from the husband (equivalent to dos)
Belonged to the wife but managed by the husband. viii. Adjucatio- order of the court
02 Donation propter nuptias- donation made after the marriage. ix. Lex- special statutes where ownership is transferred.
vii. Praescripto- (possession longi temporis) b. Negative- the person entitled to the right could prohnit the owner of the servient
property from doing something which he could perform without servitude. (e.g.
Usually referred to provincial lands. easement of light and view.