Characteristics of Property Personal Rights (Jus in Rem) is the power of one

Utility ability to serve as a means to satisfy human person to demand of another, as a definitive passive
wants. subject, the fulfillment of prestation to give, to do or
Substantivity must exist independently of other not to do.
things. o A personal right is exercised against another person,
Appropriability can be the object of juridical the debtor.
relation. It is also considered as that characteristic of o A personal right affects all present and future
being capable of occupation or of being controlled by property of the debtor.
man. o A personal right is enforceable against a specific
o Res Communes things that belong to everyone. person/s (subject) and not enforceable against
Not property. subsequent transferees without notice.
o Res Nullius things that do not have owners. o A personal right is not so limited to the value of the
Can be considered property. object.
o Personal rights survive destruction of the object.
Property as object of rights the existences of a right
presupposes the existence of an object over which such
right can be exercised. Property is the thing that is the Classification of Properties in General
object of rights and not the title or right itself. Immovable and movable
Tangible (corporeal) and Intangible (incorporeal)
Consumable and non-consumable
Fungible and non-fungible
Classification of Rights Property of public dominion and property of private
Real Rights (Jus in Re) is the power belonging to a ownerships
person over a specific thing, without a passive subject Res Nullius and Res Communes
individually determined against whom such right may
be exercised.
o A real right is exercised directly over a thing.
o A real right has a specific object or refers to a
specific object.
o A real right follows its object in the hands of any
possessor.
o A real right is limited by the value of the object or its
productivity.
o A real right is extinguished by the destruction of the
object.
Classifications of Real Rights
Dominio Pleno (the powers to enjoy and to
dispose are united) ;Dominio Menos Pleno (the
powers to enjoy and to dispose are separated);
Dominio Limitado (powers to enjoy and to
dispose though united are limited.)
Thus, real rights may be: (1) of full control
ownership and possession; (2) of enjoyment
usufruct, servitudes, recorded lease; (3) of
guaranty mortgage, pledge, antichresis,
retention; and (4) of acquisition pre-
emption and redemption.
Lease is a real right if: (1) it is registered in the
Registry of Property, or (2) if the duration is
for more than a year although unregistered.