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Property
Midterm Reviewer
| Question | Answer |
|---|---|
| What is Property? | ARTICLE 414. All things which are or may be the object of appropriation are considered either: (1) Immovable or real property; (2) Movable or personal property. xx Property may also refer to any RIGHT or INTEREST which a person has over an object. |
| What is the meaning of appropriation? | |
| What are the essential characteristics of property? | [USS] Utility--capacity to satisfy human wants Susceptible to appropriation Substantivity--having a separate and autonomous existence |
| What are the types of property according to whom they belong? | [NCA] Res Nullius--belonging to no one; properties considered to be ownerless and are free to be acquired by occupation Res Communes--belonging to everyone; use and enjoyment are given to all mankind; e.g. air Res Alicujus--belonging to someone |
| What protection is given to property under the law? | Art. III, Sec. 1, 1987 Constitution: No person may be deprived of property without the due process of law |
| What limitations exist for property rights? | [PETA] Police Power Art. 436, NCC: When property is condemned or seized by competent in the interest of health, safety or security, owner shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified |
| What limitations exist for property rights? | [PETA] Eminent Domain Art. 435, NCC: No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. |
| What limitations exist for property rights? | [PETA] Taxation The power to impose exactions or forced contributions which become public funds |
| What limitations exist for property rights? | [PETA] Abuse of Rights; Art. 19, NCC; In exercise of rights or performance of duties, one must: act w/ justice; give everyone his due; observe honesty and good faith. Failure to do so would result in an action for damages under Art 20 or 21. |
| What is a real right? | The power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be personally exercised E.g., mortgage |
| What is a personal right? | The power of one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do E.g., right to collect sum of money |
| What are the classes of real right? | [FEG] Full control – plenary rights; e.g. Ownership, Possession Enjoyment – Only has the right of enjoyment of an aspect of the property Guaranty – allows holder to subject property as a security for the payment of an obligation |
| What are the differences between real and personal rights? | As to who it is enforceable against: Real right – no definite passive subject; no specific person. Personal right – definite passive subject; a specific person. |
| What are the differences between real and personal rights? | As to who should act: Real right –owner of the real right. Example: Ejectment. informal settlers encroaching over property he can assert his real right over the property and eject the informal settlers. Personal right – The passive subject/obligor. |
| What are the differences between real and personal rights? | Upon destruction or loss of the thing: Real right – extinguishes the real right. Personal right – personal right survives the thing’s loss or destruction. |
| What are the differences between real and personal rights? | As to what which right offers more protection: one who has a real right has more protection than one who only has a personal right. In the case of Spouses Adorable, they were not able to stop the sale because they only had personal rights. |
| What is the importance of the distinction between real and personal rights? | In order to know what actions can be taken and/or what remedies are available in case of property issues. |
| What are the classification of properties based on mobility? | ARTICLE 414. All things which are or may be the object of appropriation are considered either: (1) Immovable or real property; (2) Movable or personal property. |
| What properties are considered immovable? | Art. 415 [NIDA] Immovable by NATURE (1)Land, buildings, roads and constructions of all kinds adhered to the soil; (LaBuiRoCo) (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; |
| What properties are considered immovable? | Art. 415 [NIDA] Immovable by INCORPORATION (2) Trees, plants, and growing fruits, attached to the land or an integral part of an immovable; (3) Permanent fixtures; separation of property is impossible w/o injury; NOT impt who caused the attachment |
| What properties are considered immovable? | Art. 415 [NIDA] Immovable by DESTINATION (4) Statues, reliefs, paintings or other objects for use or ornamentation Separation of the property is possible without injury The attachment MUST be caused by the OWNER |
| What properties are considered immovable? | Art. 415 [NIDA] Immovable by DESTINATION (5)Machinery (a) destined for use in an industry/work in the tenement (b) work may be carried on in a building or on a piece of land (c) OWNER or his AGENT is the one who placed the machinery |
| What properties are considered immovable? | Art. 415 [NIDA] Immovable by DESTINATION (6) Animal Houses (a) permanently PLACED on the land (b) MUST be placed by OWNER |
| What properties are considered immovable? | Art. 415 [NIDA] Immovable by DESTINATION (7) Fertilizer actually used on a piece of land; (9) Docks and structures which, though floating, are INTENDED by their nature and object to REMAIN at a FIXED PLACE on a river, lake, or coast; |
| What properties are considered immovable? | Art. 415 [NIDA] Immovable by ANALOGY (10) Contracts for public works, and servitudes and other real rights over immovable property. |
| What properties are considered movable or personal property? | Art. 416 (1) Things capable of appropriation but are not included in the enumeration in Art. 415 (2) Real property considered as personalty under the law (e.g. growing fruits for the purpose of sale, chattel mortgage, execution or attachment) |
| What properties are considered movable or personal property? | Art. 416 (3) forces of nature brought under the control of science (electricity, gas) (4)things which can be transported from place to place without the impairment of the real property to which they are fixed |
| What properties are considered movable or personal property? | Art. 417 (1) Obligations and actions which have for their object movables or demandable sums; Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. |
| What properties are considered movable or personal property? | Art. 418 Movable property is either consumable or non-consumable. Consumable = movables which cannot be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others. |
| What are the three tests to determine whether property is movable or immovable | (1) If the property is capable of being carried from place to place (test by description) (2) If such change in location can be made without injuring the real property to which it may in the meantime be attached (test by description) |
| What are the three tests to determine whether property is movable or immovable | (3) Most Important: If the object is not one of those enumerated or included in Art. 415 (test by exclusion) |
| What is fungibility? | Capable of being substituted by others of the same kind, not having a distinct individuality Classification of fungibility is according to the intention of the parties. |
| What are the types of properties based on ownership? | ARTICLE 419. Property is either (1) public dominion or of (2) private ownership. |
| What are properties of public dominion? | Art. 420 (1) PUBLIC USE-- roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (2) PUBLIC SERVICE--Courts, Educ, Emergency Services, Environmental Protection, Healthcare |
| What are properties of public dominion? | Art. 420 (2) for the DEVELOPMENT of NATIONAL WEALTH (e.g. Minerals, Oil, other sources of energy and wealth |
| What are properties of public dominion? | Art. 12, Sec. 2 (a) Forest/Timberlands; (b) minerals; (c) national parks; (d) agricultural lands ONLY agricultural lands of public dominion may be alienated. |
| What is patrimonial property? | Patrimonial property is property owned by the State (National OR local government) in its PRIVATE capacity. Art. 421. All other property of the State, which is not of the character in Art. 420, is patrimonial property. |
| What is patrimonial property? | ARTICLE 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. |
| How is property of public dominion converted to patrimonial property? | [Art. 422]Property of public dominion becomes part of patrimonial property when no longer intended for public use or public service Formal declaration of Legislature is needed Registration does not affect character of public dominion |
| What is the importance of patrimonial property? | Enable the state to attain economic ends; and in order for it to have for its subsistence, and the preservation of its natural organism. |
| What are the kinds of properties based on autonomy? | The kinds of properties based on autonomy are: (1) Principal and (2) Accessories ARTICLE 467. The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection. |
| Why is it important to know the distinction between principal and accessory? | In property, it is important to determine the principal especially in the right of accessions. When two movable things have two different owners, the accessory would belong to whoever owns the principal. |
| What are the objects of ownership? | ARTICLE 427. Ownership may be exercised over things or rights. |
| What is a Mode? | Mode directly and immediately produces a real right; the proximate cause; Essence of the right Contract of Sale is the TITLE, but to be able to transfer ownership, there must be delivery of the subject contract of the sale. The delivery is the MODE. |
| What is Title? | Title mere gives the occasion for the acquisition or existence of a real right; remote cause Contract of Sale is the TITLE, but to be able to transfer ownership, there must be delivery of the subject contract of the sale. The delivery is the MODE. |
| Why is it important to know the distinction between Mode and Title? | In order to know when ownership is acquired and when there is the right to transfer ownership If there is just title, ownership not yet transferred; there are still ways to prevent transfer of ownership |
| What are the modes of acquiring ownership? | ARTICLE 712. Ownership is acquired by occupation and by intellectual creation. |
| What can be acquired by Occupation? | ARTICLE 713 (1)object of hunting and fishing--The right to hunt and fish is regulated by special laws such as PD 704 – Fisheries Act, law against dynamite fishing (2) hidden treasure (3)abandoned movables |
| Why are occupation and intellectual creation considered original modes? | Because they are independent of existing rights of other persons, compared to derivative modes which are dependent on other persons’ rights. |
| Can a piece of land be acquired through occupation? | No. ARTICLE 714. The ownership of a piece of land cannot be acquired by occupation. (n) |
| What is the difference between domestic and domesticated? | domestic: born and raised under the care of humans domesticated: originally wild but then captured and then tamed wild animals become domesticated when they retain the habit of returning to the premises of the possessor |
| Can a domestic animal be acquired by occupation? | No. ART. 559. The possession of movable property acquired in good faith is equivalent to a title. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same. |
| What are the types of intellectual creation? | (1)Copyright—acquired by the moment of creation ; moment you create something, it becomes yours subject to certain rules (e.g. done for work, commissioned work) |
| What is purpose of Registration in the National Library? | For evidentiary purposes; it cannot be claimed by someone else when registered. |
| What are the types of intellectual creation? | (2)Patents---inventions Requires registration. Rule: The first to file rule; the first to file is the owner of the patent |
| What are the types of intellectual creation? | Trademark---“tatak” e.g. Jollibee, Shell, etc. Rule: In order to acquire ownership, register. |
| What are the exceptions to the rule in trademark? | Subject to prior use exception---If I am already using it but someone registers it the person who registered can’t prevent me from using it because I was already using before he registered Well-known mark status--if mark is well known no need to register |
| What are the derivative modes? | Art. 712 i. Law ii. Donation iii. Testate and Intestate Succession iv. Tradition v. Prescription |
| Why are they considered derivative modes? | Because ownership is derived from an already existing owner. |
| What is an example of law as a mode? | Alluvion from the river belongs to the owner of the river bank. You are not taking property from someone else. ART 440. Ownership of property gives right by accession to everything w/c is produced or incorporated or attached naturally or artificially. |
| What is an example of tradition as a mode? | Mutuum/Loan – money transfers ownership to the borrower upon delivery |
| What are the two kinds of delivery? | Actual – there is a physical delivery of the thing itself Constructive – there is no physical delivery but there is still delivery nonetheless |
| What are the kinds of constructive delivery? | (1) traditio brevi manu – I’m delivering it to a possessor already If I have a piece of land and I am already leasing it to B then I sell it to him. No need to deliver the thing. root: brevity – delivery by short hand because you are already there |
| What are the kinds of constructive delivery? | (2) traditio constitutum possessorium – I sell my land to you then I enter into a lease whereby I remain in possession of the property. |
| What are the kinds of constructive delivery? | (3) traditio symbolica – deliver the keys to the property or warehouse where the thing is; by virtue of giving the keys |
| What are the kinds of constructive delivery? | (4) traditio longa manum – consenting to transfer without actual delivery (we agree that it will be delivered already to you even if it was not actually delivered) long – we agree by long hand that that thing is already yours |
| What are the kinds of constructive delivery? | (5) Formality – there are some things that can only be delivered by compliance with formalities of law |
| What are the rights of an owner? | 3 major categories: (1) Art. 428--rights of the owner to enjoy and dispose (2) Art. 428--right to recover, and (3) Art. 429--the right to exclude |
| What are the subcategories under the right to enjoy and dispose | jus utendi – right to receive from the thing what it produces jus abutendi – the right to consume the thing by its use jus fruendi – right to fruits jus possidendi – right to possess or hold the thing jus dispodendi – right to dispose or alienate |
| Can there be temporary ownership? | Planiol (commentator of the French Civil Code); There can be a different owner for the land and the building. Yes. The land where the building is built is temporarily owned by me There can be a different owner for the land and the building. |
| How long do you own a thing? | Perpetual, subject to will and limited by law. |
| Is the right to recover always a right of action? Or can recovery be done without an action? | No, must go through judicial proceedings. Basis: Art. 433 General Rule: If you lose possession of a thing, file an action. Art. 433. True owner must resort to judicial process for recovery of property. |
| What is the exception to the general rule in Art. 433? General Rule: If you lose possession of a thing, file an action. | Exception: In a contract of lease, the parties agreed that the lessor may remove the lessee if the lessee refuses to remove himself from the leased premises after the termination of the agreement. |
| What is a writ of replevin? | Replevin is a civil remedy that a person can utilize when personal property, also called a movable belonging to the applicant is unlawfully taken from him or her. |
| What is accion interdictal or action for unlawful detainer and forcible entry? | Action to recover real property involving physical possession or possession de facto. Issue: right of possession One year from the unlawful entry or within one year from the date of actual entry on the land or from the date of last demand to vacate |
| What is accion publiciana? | Action to recover the right of possession involving issue of legal possession or possession de jure. Where it is not unlawful detainer and unlawful detainer accion interdictal does not cover any and all instances when question of possession is covered |
| What is accion reivindicatoria? | Action to recover ownership. Available any time, but subject to prescription. |
| What is the right to exclude? | Art. 429 right to prevent or forbid someone from entering, using, or encroaching on your property Example: building a fence on your property |
| Is the right of excluding absolute? | No. Exceptions: Art. 429. use of force to repel or prevent an ACTUAL or THREATENED usurpation or invasion of property Art. 430. Servitudes |
| Is the right of excluding absolute? | No. Exceptions: Art. 431. Right to exclude cannot injure the rights of a third person Art. 432. Owner cannot prohibit interference of third person of his property when it is necessary to avert imminent danger |
| What are the elements of the Doctrine of Self Help? | (1) Person defending his property is the owner or lawful possessor or through the owner’s instruction (can’t use force if possession wrongful (2) Actual or threatened unlawful physical invasion or usurpation (doesn’t apply to sheriff attaching property) |
| What are the elements of the Doctrine of Self Help? | (3) Exercised only at the time of an actual threat of dispossession (4) He must only use such force as may be reasonable necessary to prevent an invasion or usurpation of his property |
| What if your property surrounds another property owned by a different person? Can you fence the property? | NO. Basis: ARTICLE 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. |
| What are the limitations on the right to enjoy? | ARTICLE 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. (n) sic utere tuo ut alienum non laidas – use your own property in such a manner as not to injure that of another |
| What are the limitations on the right to enjoy? | ART 482. Building, wall, or other construction is in danger of falling, owner shall demolish OR to execute work to prevent it from falling. If owner NOT comply , auth may order demolition the expense of owner, OR take measures to insure public safety. |
| What are the limitations on the right to enjoy? | ARTICLE 483. Whenever a large tree threatens to fall as to cause damage, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense |
| What are the limitations on the right to recover? | Art. 433 The owner cannot take the law into his hands. He must resort to judicial process for the recovery of the property. Actual possession under claim of ownership raises disputable presumption of ownership. |
| What are the limitations on the right to exclude? | Art. 432. Owner cannot prohibit interference of third person of his property when it is necessary to avert imminent danger |
| What is the scope of ownership? | Art. 437. The owner of a property owns everything underneath, until to the core, without detriment to servitudes and subject to special laws and ordinances. However, Art. 12, Sec. 2 of the Constitution states that minerals are owned by the State. |
| Can the State take the minerals under the land you own? | No, since the rights over the lands are indivisible. You cannot separate the right to the surface and the right to the sub terrain. In order for the State to take the minerals under the land you own, the land must be first classified into mineral lands. |
| What is the general rule on just compensation laid down in Ibrahim v. NPC | General rule: Just compensation is equivalent to the fair market value of the property at the TIME OF FILING of the case. Reason: There is no taking yet. Usually, actual expropriation is done after the filing of the case. |
| What are the exceptions to the general rule on just compensation laid down in Ibrahim v. NPC | Exception: If the property taken BEFORE filing of the case. just compensation is equivalent to the fair market value at the TIME of the TAKING. Court may fix the just compensation to the fair market value of the property UPON DISCOVERY of such taking. |
| What is a hidden treasure? | Art. 439. Hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership which does not appear. |
| What are the rules that govern the finder of a hidden treasure? | Art. 438 If finder found it by chance or on property of another or property of the State: finder is entitled to 1/2 share If finder is a trespasser: not entitled to any share If hidden treasure is of interest to science or arts: State may acquire it |
| Is Yamashita's treasure a hidden treasure? | No. In order that Yamashita’s treasure be considered as a hidden treasure, it must be (1) hidden; and (2) the lawful owner of the same does not appear. |
| What are the requisites for person to acquire an interest in a hidden treasure? | (1) He is not a trespasser (2) He found the treasure by chance. |
| What is the rule when the treasure found has a known owner? | Art. 719 (1) Founder must then return the same to the last possessor. If unknow, must immediately deposit it with the mayor where it was found. Treasure considered a movable (2) finding shall be publicly announced by the mayor for two consecutive weeks |
| What is the rule when the treasure found has a known owner? | Art. 719 (3) If the owner does not appear six months after the publication, the thing found, or its value, shall be awarded to the finder (4) Finder shall be obliged to reimburse the expenses |
| What if the owner of the treasure appear in time? | Art. 720 Owner shall be obliged to pay the finder 1/10 of the sum or of the price of the thing found. |
| What if the the movable cannot be kept without deterioration, or without expenses which considerably diminish its value? | Art. 719 (1) Founder must then return the same to the last possessor. If unknow, must immediately deposit it with the mayor where it was found. Treasure considered a movable (2) finding shall be publicly announced by the mayor |
| What if the the movable cannot be kept without deterioration, or without expenses which considerably diminish its value? | Art. 719 (3) If the owner does not appear eight days after the public announcement, perishable shall be sold at an auction. (4) Proceeds to be given to the finder, but he must reimburse the expenses for the safekeeping and publication. |
| What if the the movable cannot be kept without deterioration, or without expenses which considerably diminish its value? | (5) If owner appears in time, he is obliged to pay the finder 1/10 of the sum or of the price of the thing found. |
| Why is the movable to be returned to the last possesor? | For practical reasons. It is assumed that the known last possessor would be the owner of the movable. |
| What is Accession? | Based on Art. 440: Accession is defined as the extension of ownership over a thing to everything which is produced by the property (accession discreta) , or which is incorporated or attached thereto, either naturally or artificially (accession continua). |
| What are the principles of accession? | (1) the accessory follows the principal (2) Art. 447. Accession by incorporation exists when two things are so united that they cannot be separated without injuring or destroying either of them |
| What are the principles of accession? | (3) Art. 447-452. There should be no unjust enrichment at another’s expense. Anyone benefited must reimburse/indemnify. Regardless of whether you are in good faith or bad faith, you are entitled to reimbursement of the necessary expenses |
| What are the principles of accession? | (4) Art. 447, 449. Bad faith gives rise to liability for damages (5) Art. 453. Bad faith by one party neutralizes the bad faith of the other party. Hence, it will be treated as if both of them are in good faith. |
| What are the different types of fruits? | [NIC} (1) Natural fruits - the spontaneous products of the soil, and the young and other products of animals. (2) Industrial fruits - those produced by lands of any kind through cultivation or labor. |
| What are the different types of fruits? | [NIC} (3) Civil fruits - the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. |
| Why were the rules on accession continua adopted? | To avoid a state of forced co-ownership between the owner of the land and the owner of the improvements |
| What are the general rules on accession continua? | Art. 445. Generally, whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to certain specific rules. |
| What are the general rules on accession continua? | Art. 446. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved. |
| How is good faith determined in the case of LO, MM, and BPS? | Art. 453. Good faith on the part of LO--his lack of awareness that the land he owns is being encroached upon by another person |
| How is good faith determined in the case of LO, MM, and BPS? | Art. 453 (by analogy). Good faith on the part of MM -- lack of awareness that the materials he owns are being used by another person |
| How is good faith determined in the case of LO, MM, and BPS? | Art. 526. Good faith on the part of BPS--his belief that the land he is building is his own, without knowledge of any defect or flaw in his title |
| What is the obligation of a person who receives the fruits? | Art. 443. Person who receives the fruits has the obligation to pay the expenses made by a third person in the production, gathering, and preservation, regardless of good faith or bad faith. |
| What are necessary and useful expenses? | Necessary expenses are expenses for the preservation of the thing. Useful expenses are expenses to improve the utility or productivity of the thing. |
| What rules govern when LO uses materials of MM? | Art. 447 LO and MM in GF: LO to reimburse the value of the materials to MM MM can remove materials if doing so will not cause damage to the work constructed. (Limited right of removal) |
| What rules govern when LO uses materials of MM? | Art. 447 LO in BF, MM in GF: LO to reimburse value of the materials plus damages. MM has absolute right to remove the materials, regardless of the damage to the work constructed. |
| What rules govern when LO uses materials of MM? | LO in GF, MM in BF: LO need not pay for the value of the materials. He is also entitled to damages MM loses materials without indemnity. Also need to pay damages to LO. LO in BF, MM in BF: Art. 453. Treated as though both in GF. |
| What rules govern when BPS builds on LO's land? | Art. 448 LO and BPS in GF: LO has 2 options Option 1: LO may appropriate the work, upon payment of indemnity. Useful expenses may be paid by (a) refunding the amount of expenses or (b) paying the increase in value. Luxurious expenses not included. |
| What rules govern when BPS builds on LO's land? | Art. 448 LO and BPS in GF: LO 2 options Option 1 BPS is entitled to indemnity. Art. 546. Right of retention until indemnity is paid. Art. 548. May remove ornaments if it doesn't damage the principal and if LO doesn't prefer to refund amount expended. |
| What rules govern when BPS builds on LO's land? | Art. 448 LO and BPS in GF: LO has 2 options Option 2: LO can oblige BP to buy land and S to pay rent UNLESS value of land is considerably more than the building or trees. If they can't decide on terms of lease, court shall decide. |
| Can the LO demand the removal of the improvements made by the BPS? | No. LO can only demand removal of improvements when he chose to sell the land to BP(Option 2), but BPS failed to pay. |
| In Option 1 (appropriation + indemnity), can fruits received by possessor in GF be applied towards the payment of indemnity? | No. Nuguid. Fruits received cannot be applied to indemnity EXCEPT when possession in GF INTERRUPTED. Fruits can be applied to the payment of the expenses. Art. 544. Possessor in GF no longer entitled to fruits once possession is interrupted. |
| What rules govern when BPS builds on LO's land? | LO in GF, BPS in BF. LO has 3 options: (1) Art. 449. Appropriate improvements WITHOUT indemnity plus damages (Art. 451) (2) Oblige BP to buy land or S to pay rent plus damages, regardless of valuation |
| What rules govern when BPS builds on LO's land? | LO in GF, BPS in BF. LO has 3 options: (3) Art. 450. Demand demolition at the expense of BPS plus damages (Art. 451) LO to reimburse BPS for necessary damages. Art. 546. BPS have no right of retention pending payment of necessary damages. |
| What rules govern when BPS builds on LO's land? | LO in BF, BPS in GF BPS has the right to (1) Absolute right to remove the improvements, regardless of the damage to the principal (2) (Art. 454 in rel. to 447) To receive payment for damages |
| What rules govern when BPS builds on LO's land? | Both LO and BPS in BF: Art. 453, as if they are both in good faith. LO will have two options: (1) Appropriate and pay indemnity (2) Oblige BPS to pay value of land or if value of land is considerably more, oblige BP to pay rent and S to pay lease. |
| What rules govern when BPS build on LO's land using MM's materials? | MM acted in GF: Art. 455: BPS to pay for the value of materials to MM. If BPS is INSOLVENT, LO subsidiarily liable to MM. However, if LO chooses to demand demolition of improvement (Option 3 when LO in GF and BPS in BF), LO is not liable. |
| What rules govern when BPS build on LO's land using MM's materials? | Art. 455. If LO chooses Option 1 (appropriation + indemnity) and BPS has paid for the value of the materials to MM, BPS may demand from LO the value of the materials plus labor. |
| What rules govern when BPS build on LO's land using MM's materials? | If MM acted in BF: Art. 449. MM loses the right to be reimbursed for the value of the materials. |
| What is alluvion? | Gradual accumulation of land on river, lakes and ponds(on the basis of case law) |
| What are the elements of alluvion? | 1. Accumulation of soil must be gradual and imperceptive 2. Accretion results from the effects or action of the current of waters of the river (exclusive work of nature) 3. Land where accretion takes place must be adjacent to the bank of a river |
| Why accretion is granted to the owner? | Compensate the riparian owner for the danger of loss that he suffers because of the location of his land |
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