PROPERTY SAMPLEX

TOPIC SAMPLEX TOPIC ANSWER

PROPERTY Absolute Absolute property is that which is our own without any qualification
(Preliminary) whatever; as when a man is the owner of a watch, a book, or other
inanimate thing.

The right of using a thing indefinitely is an essential quality of absolute

property, without which absolute property can have no legal existence.

Qualified Also answers samplex: When is there property in animals?

Qualified property consists in the right which men have over wild
animals which they have reduced to their own possession, which are
kept subject to their power; as, a deer, a buffalo, and the like, which
are his own while he has possession of them, but as soon as his
possession is lost his property is gone, unless the animals go animo
revertendi

A bailee of goods thought not the owner has qualified property, while
owner has absolute property.

Corporeal v. Incorporeal Corporeal comprehends such property as is perceptible to the senses

Incorporeal consists in legal rights, as choses in action, easements, and

the like.

Movable v. Immovable Movable properties are such subjects of property as attend a man’s
person wherever he goes, in contradistinction to things immovable;
things movable by their nature are such as may be carried from one
place to another, whether they move themselves, as cattle, or cannot be
removed without an extraneous power, as inanimate things

Immovable properties are property which, from its nature, destination,

or the object to which it is applied, cannot move itself or be removed.
 By immovables the civil law intended the property which could not
be removed at all, or not without destroying the same, together with
such movables as are fixed to the freehold, or have been so fixed
and are intended to be again united with it, although at the same
time severed therefrom.

Samplex: Are ungathered fruits movable or immovable? IMMOVABLE

(Art 415 (2)); while they are attached to the land and form integral
part of immovable, then immovable; becomes movable after cut or
uprooted

Characteristics of an object to be Samplex 2002

juridical considered as a thing or
property

1. Real Property

REAL Definition:
PROPERTY
Real property is land, and generally whatever is erected or growing upon or affixed to land. It also
contemplates the rights issuing out of, annexed to and exercisable within or about the same.

Examples of Real Property
● Annexations made by a stranger to the soil of another without his
consent become the property of the owner of the soil so long as
the identity of the original materials can be proved, the right of
the original owner is not lost.
● Houses, trees, growing crops, and other articles fixed to the soil,
though usually classed as realty, may under certain
circumstances and for certain purposes acquire the character of
personality (basically they are real but can be become
personal)

Samplex: How are trees and growing fruits classified? Are these real or
personal properties?