PROPERTY: General Concepts

01:06:12
https://www.youtube.com/watch?v=61HWH1-whv4

Ringkasan

TLDREl vídeo presenta una introducció al dret de la propietat, destacant les característiques essencials que defineixen una cosa com a propietat: utilitat, substantivitat i apropiabilitat. L'advocat Al-Jumrani explica la classificació de les propietats en immobles i mobles, així com la importància d'aquesta distinció en els aspectes legals com la prescripció adquisitiva i les formalitats contractuals. També s'han abordat diferents escenaris pràctics per exemplificar les definicions i conceptes discutits.

Takeaways

  • 📚 Introducció al dret de la propietat.
  • 🏡 Classificació entre immobles i mobles.
  • 🔑 Característiques clau: utilitat, substantivitat, apropiabilitat.
  • 📝 Importància de les formalitats legals en la propietat.
  • ⏳ Prescripció adquisitiva difereix entre immobles i mobles.
  • 💼 L'Estat pot tenir propietats en capacitat privada.
  • 🚫 Propietats de domini públic són inalienables.
  • 🔍 Actes positius per convertir propietats públiques a patrimonials.
  • ⚖️ Diferències legals en vendes dobles.
  • 🏢 Exemple de com es consideren les propietats per destinació.

Garis waktu

  • 00:00:00 - 00:05:00

    En aquest vídeo es presenta una sèrie de conferències sobre la llei de la propietat amb deu temes: característiques generals, propietat, tresors ocults, accés, co-propietat, possessió, ús de superfície, servituds, molèsties i donacions. L'objectiu és explorar i discutir els fonaments i casos rellevants d'aquests temes per ajudar els estudiants a comprendre millor la llei de la propietat.

  • 00:05:00 - 00:10:00

    L'inici cobreix els conceptes generals de "propietat" segons l'article 414 del codi civil, definint la propietat com una cosa que es pot apropiar. La propietat ha de tenir utilitat, substància i apropiabilitat. Aquests conceptes es detallen amb exemples de com diferencien la propietat d'altres béns, considerant les seves característiques d'ús, independència i capacitat per ser objecte de relacions jurídiques.

  • 00:10:00 - 00:15:00

    S'analitza si certs objectes com cases, cotxes i pintura compleixen els requisits de propietat, tot i que poden no ser tangibles pel fet que no compleixin alguna de les característiques definides anteriorment. S'expliquen eines legals com contractes i la seva relació amb les apropiacions immòbils.

  • 00:15:00 - 00:20:00

    La classificació de la propietat es debat en termes de moviments: immobles versus mobles, tangibles versus intangibles i altres classificacions com fungibles o no fungibles. Es ressalta la importància d'entendre aquests termes per aplicar-los en contextos legals com préstecs i la seva naturalesa cosumible.

  • 00:20:00 - 00:25:00

    Es detallen els immobles per naturalesa o per destí, explicant com els objectes poden ser classificats com a immobles si estan adherits permanentment o si serveixen una funció particular en una propietat. Les terres, edificis i construccions exemplifiquen les immobles per naturalesa, mentre que altres objectes poden ser fets immobles per la intenció del propietari.

  • 00:25:00 - 00:30:00

    Les propietats incorporades es categoritzen com immobles quan no poden ser separades sense danys. Així mateix, s'explica la immovibilitat per analogia, com els drets reals sobre immobles i contractes d'obres públiques. S'aborden les diferències entre elements fixos i mòbils a través de múltiples exemples i exceptions.

  • 00:30:00 - 00:35:00

    La discussió s'estén fins al tema dels béns mobles per exclusió i descripció, on es defineix una propietat com a mòbil per la seva capacitat de moure sense dany. Se subratlla la necessitat de comprendre les diferències entre aquests tipus de propietats per a casos legals on es pugui haver creuat de classificacions.

  • 00:35:00 - 00:40:00

    Es duu a terme un test sobre la determinació de si un objecte és immoble o mòbil, destacant la rellevància de les intencions i els contextos, com en el cas de màquines, estàtues i collites. Els criteris per a l'immobilitat es tornen fonamentals en la classificació d'objectes per a transaccions legals.

  • 00:40:00 - 00:45:00

    La importància de la classificació s'exemplifica en la forma de contractes sobre mobles i immobles i en la seva registrabilitat. La prescripció adquisitiva varia per immobles i mobles basats en períodes d'ús i tipus de possessió, fent ressò de les implicacions legals diferents i situacions de registre.

  • 00:45:00 - 00:50:00

    L'acció judicial sobre els béns es divisa en penal i real, depenent de la propietat i la seva localització. Els procediments per accions propietat real limiten la localització de les accions als llocs de la propietat, assenyalant la importància de la ubicació en litigis immobiliaris.

  • 00:50:00 - 00:55:00

    Es discuteixen béns públics i privats, identificant diferenciacions legals entre ells i la seva possessió, incloent exemples de propietats patrimonials estatals i propietats de domini públic amb divisions clarament definides on els béns públics no es poden alienar.

  • 00:55:00 - 01:00:00

    Les característiques de béns públics estableixen que aquests béns no es poden prescriure o convertir sense actes positius, ressaltant la necessitat de reclassificació oficial per convertir béns públics en patrimonials. S'examinen les limitacions d'ús i alienació de béns públics.

  • 01:00:00 - 01:06:12

    Finalment, es fa un resum extens de conceptes bàsics de propietat, subratllant classificacions i característiques clau per a preparar els estudiants per a exàmens legals. S'anuncia que els pròxims vídeos aprofundiran en temes específics com la propietat, accessió i co-propietat.

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Peta Pikiran

Mind Map

Pertanyaan yang Sering Diajukan

  • Quines són les característiques importants per considerar un objecte com a propietat?

    Les característiques són utilitat, substantivitat i apropiabilitat.

  • Com es classifiquen les propietats immobiliàries?

    Es classifiquen per naturalesa, destinació, incorporació i analogia.

  • Quina és la importància de la classificació de propietats entre immobles i mobles?

    Són importants per aspectes legals com registres, prescripció adquisitiva i formalitats contractuals.

  • Què significa la immovilització per destinació?

    Es refereix a objectes que es consideren immobilitzats per estar destinats a un ús específic vinculat a una propietat immobiliària.

  • Quines són les diferències en la prescripció adquisitiva entre propietats immobles i mobles?

    La prescripció ordinària és de 10 anys per immobles i 4 anys per mobles; l'extraordinària és de 30 anys per immobles i 8 anys per mobles.

  • Què és la propietat patrimonial de l'Estat?

    Són propietats de l'Estat en la seva capacitat privada, que poden ser objecte de contractes privats.

  • Quins tipus de propietats són inalienables per l'Estat?

    Les propietats de domini públic.

  • Quins requisits hi ha per poder classificar una propietat de domini públic a patrimonial?

    Requereix un acte positiu per part del Congrés o el president que la reclasifiqui formalment.

  • Com és afecta una venda doble en propietats mobles segons l'article 1544?

    La preferència es dona al primer comprador en possessió de bona fe.

  • Per què algunes classificacions de propietats són essencials en lleis de prescripció i tributació?

    Perquè permeten definir drets, obligacions i requisits legals respecte a l'ús i transferència de propietats.

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Gulir Otomatis:
  • 00:00:01
    hey guys welcome back to the channel
  • 00:00:03
    this is the house of lore and i'm
  • 00:00:05
    attorney al-jumrani so for today's video
  • 00:00:09
    i'm starting a new lecture series
  • 00:00:10
    and it's property law there are 10
  • 00:00:13
    topics under property law
  • 00:00:15
    namely general characteristics ownership
  • 00:00:18
    hidden treasures accession co-ownership
  • 00:00:21
    possession use of rock easements and
  • 00:00:23
    servitudes nuisance and donations
  • 00:00:26
    yes 10 topics under property law now if
  • 00:00:30
    you're a law student or a bar examinee
  • 00:00:32
    ask yourself i know ready can naba have
  • 00:00:34
    you learned all these subjects or all
  • 00:00:36
    these topics under property law
  • 00:00:39
    well if you have good for you
  • 00:00:43
    well my commitment is i will cover the
  • 00:00:46
    basics and discuss
  • 00:00:47
    some of the relevant cases and hopefully
  • 00:00:50
    these
  • 00:00:51
    videos will help you understand better
  • 00:00:53
    the loan property and
  • 00:00:55
    hopefully you know help you ace those
  • 00:00:57
    exams whether in law school or
  • 00:00:59
    in this bar exam this coming november
  • 00:01:02
    2021.
  • 00:01:03
    all right so since this the since this
  • 00:01:05
    is the first video we'll start with the
  • 00:01:07
    beginning
  • 00:01:07
    we'll start with general concepts or
  • 00:01:10
    general characteristics
  • 00:01:12
    so are you ready good because i am so
  • 00:01:15
    let's begin
  • 00:01:37
    what is property article 414 of the
  • 00:01:40
    civil code gives us a definition of
  • 00:01:42
    property and
  • 00:01:43
    it is a thing which is or maybe the
  • 00:01:45
    object of appropriation
  • 00:01:47
    appropriation or to appropriate means to
  • 00:01:50
    make one's own
  • 00:01:51
    in other words a property is a thing
  • 00:01:53
    that can be owned
  • 00:01:55
    whether it is open to public ownership
  • 00:01:59
    or private ownership or whether the
  • 00:02:02
    thing has no
  • 00:02:02
    known owner but if it is capable of
  • 00:02:05
    being owned
  • 00:02:06
    then that thing is property now in
  • 00:02:09
    addition
  • 00:02:10
    authors and commentators on the subject
  • 00:02:13
    also provide three important
  • 00:02:16
    characteristics
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    to identify or to say that a thing is
  • 00:02:20
    a property and these characteristics are
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    utility
  • 00:02:24
    substantivity and appropriability
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    utility is the ability to serve
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    as a means to satisfy human wants so
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    property ideally is something that is
  • 00:02:36
    used by a human being or a person in
  • 00:02:39
    order to serve
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    some want or need okay i say
  • 00:02:44
    want or need because property need not
  • 00:02:46
    be or the purpose of the property need
  • 00:02:48
    not be
  • 00:02:49
    essential so even if it's non-essential
  • 00:02:51
    but if it
  • 00:02:52
    serves a purpose then it is
  • 00:02:56
    or it will meet the requirement of
  • 00:02:58
    utility
  • 00:02:59
    now substantivity substantivity means
  • 00:03:01
    that it exists
  • 00:03:03
    independently of other things in other
  • 00:03:05
    words it can be segregated from its
  • 00:03:07
    class or
  • 00:03:08
    it can be separated from other things
  • 00:03:10
    now if the thing
  • 00:03:12
    is uh integrated or incorporated into
  • 00:03:15
    something and that
  • 00:03:16
    if it is removed from that other thing
  • 00:03:19
    either one or both of them will
  • 00:03:21
    will will will cease to serve uh their
  • 00:03:24
    purpose then
  • 00:03:26
    it doesn't meet the requirement of
  • 00:03:27
    substantivity so when you say
  • 00:03:29
    substantivity it must be substantive it
  • 00:03:31
    is
  • 00:03:32
    a substance in that it is independent
  • 00:03:36
    of other things okay next
  • 00:03:38
    appropriability
  • 00:03:39
    a proper ability is that characteristic
  • 00:03:41
    which states that it can be the object
  • 00:03:43
    of a juridical relationship
  • 00:03:45
    now we said that property is open to
  • 00:03:49
    ownership but when you say
  • 00:03:50
    appropriability
  • 00:03:51
    it's not limited to ownership so a
  • 00:03:54
    property can still be
  • 00:03:56
    appropriable if it can be the subject of
  • 00:03:59
    relations or transactions which involve
  • 00:04:03
    something less of ownership for example
  • 00:04:05
    mere possession so
  • 00:04:07
    if the contract is uh
  • 00:04:10
    comodatum lease deposit use a fraud
  • 00:04:14
    then the property
  • 00:04:18
    right involved is merely possession or
  • 00:04:20
    use or
  • 00:04:21
    enjoyment of the thing or its fruits
  • 00:04:24
    rather than
  • 00:04:24
    ownership so that is the idea of
  • 00:04:26
    appropriability it's not
  • 00:04:28
    limited to absolute ownership
  • 00:04:31
    all right so having said that based on
  • 00:04:33
    these characteristics are the following
  • 00:04:35
    considered property
  • 00:04:37
    so you'll find or you're seeing now on
  • 00:04:40
    your screen
  • 00:04:41
    five okay five things
  • 00:04:45
    and we'll see if they meet the
  • 00:04:46
    characteristics of utility substantivity
  • 00:04:49
    and a proper ability
  • 00:04:50
    and if they do meet all three then
  • 00:04:54
    it is a property but if they don't meet
  • 00:04:57
    all three then it's not considered
  • 00:04:58
    property based on these three
  • 00:05:00
    important characteristics so let's start
  • 00:05:03
    with the house so a house
  • 00:05:05
    definitely meets the requirement of
  • 00:05:06
    utility because what it serves uh
  • 00:05:09
    as a shelter now also it's substantive
  • 00:05:13
    or it meets the requirement of
  • 00:05:14
    substantivity because it can be
  • 00:05:16
    independent
  • 00:05:17
    of others and it can be segregated from
  • 00:05:21
    other houses okay and a proper ability
  • 00:05:25
    because
  • 00:05:26
    it can be the subject of juridical
  • 00:05:27
    relations a house can be owned a house
  • 00:05:29
    can be leased
  • 00:05:31
    a house can be uh mortgaged
  • 00:05:34
    okay so since all the requisites or
  • 00:05:37
    characteristics are met then definitely
  • 00:05:38
    a house is
  • 00:05:39
    a property now a car is also the same
  • 00:05:42
    because the difference
  • 00:05:43
    on is that a car is a movable property
  • 00:05:47
    or a house is immovable
  • 00:05:49
    but just the same what possibly
  • 00:05:52
    uh be the purpose for which a person
  • 00:05:55
    would acquire or get a car
  • 00:05:56
    of course it's for transportation it's
  • 00:05:58
    for mobility or maybe it's
  • 00:06:00
    just for souvenir right so it serves a
  • 00:06:03
    certain purpose whether it's essential
  • 00:06:05
    or not it still
  • 00:06:06
    meets the characteristic of futility now
  • 00:06:08
    is it substantive
  • 00:06:10
    does it meet the requirements of
  • 00:06:11
    substantivity yes because
  • 00:06:14
    it can be segregated from its class it
  • 00:06:17
    can be independent of other things
  • 00:06:19
    because it is independent and it can
  • 00:06:22
    serve
  • 00:06:23
    its own independent purpose
  • 00:06:26
    now next is a proper ability yes a car
  • 00:06:29
    can be sold can be leased and even
  • 00:06:31
    mortgaged so clearly a car is a property
  • 00:06:34
    now about paint on a painting
  • 00:06:38
    now it has utility because it
  • 00:06:42
    adds beauty it adds to the creativity
  • 00:06:46
    of the painting but is it
  • 00:06:49
    substantive does it meet the requirement
  • 00:06:51
    of substantivity
  • 00:06:52
    here it doesn't meet the requirement of
  • 00:06:55
    substantivity because it cannot be
  • 00:06:57
    segregated from
  • 00:06:58
    the painting to which it is attached
  • 00:07:01
    following the principle of the accessory
  • 00:07:03
    follows the principle
  • 00:07:05
    okay so it's not independent of the
  • 00:07:07
    painting it cannot
  • 00:07:08
    be independent of the painting that's
  • 00:07:11
    why it doesn't meet the requirement of
  • 00:07:12
    substantivity
  • 00:07:14
    now appropriability can it be the
  • 00:07:15
    subject of um
  • 00:07:17
    uh juridical relations well it cannot be
  • 00:07:21
    the subject of juridical relations
  • 00:07:23
    unless
  • 00:07:24
    and until uh the main painting
  • 00:07:28
    or the principle painting is also the
  • 00:07:30
    subject of that juridical relation
  • 00:07:32
    you cannot sell the paint independently
  • 00:07:36
    from the painting so the painting must
  • 00:07:39
    be sold because that's the principle
  • 00:07:41
    so the paint it cannot be the subject or
  • 00:07:45
    it is
  • 00:07:45
    not possible to sell it separately from
  • 00:07:48
    the painting
  • 00:07:49
    so that's why the paint on a painting is
  • 00:07:52
    not a property now lastly lugao okay
  • 00:07:56
    so is lugow a property
  • 00:08:00
    well it serves a purpose whether
  • 00:08:03
    it is uh to keep you up at night or
  • 00:08:07
    maybe it's your breakfast but it's food
  • 00:08:10
    so therefore
  • 00:08:10
    it has utility now is it substantive
  • 00:08:13
    does it meet the requirement of
  • 00:08:14
    substantivity
  • 00:08:16
    yes it does meet the requirement of
  • 00:08:17
    substantivity because
  • 00:08:19
    it can be independent of other things it
  • 00:08:22
    can be segregated from its class
  • 00:08:24
    now proper ability of course okay logo
  • 00:08:27
    can be sold
  • 00:08:28
    can be uh donated can be given away
  • 00:08:32
    and of course it can be eaten
  • 00:08:35
    so it is property all right
  • 00:08:38
    now let's look at right of property i
  • 00:08:42
    mean is it a right is it a
  • 00:08:44
    duty what what does it uh connote i mean
  • 00:08:47
    at least in in in the legal landscape
  • 00:08:51
    so what is property well the right to
  • 00:08:54
    property
  • 00:08:56
    is a constitutionally protected right
  • 00:08:58
    article 3 section 1 of the constitution
  • 00:09:00
    states that
  • 00:09:01
    no person shall be deprived of life
  • 00:09:03
    liberty or property without due process
  • 00:09:06
    of law
  • 00:09:06
    okay so clearly owning property
  • 00:09:11
    use and enjoyment of property that is
  • 00:09:13
    protected by law
  • 00:09:14
    now of course we will not be discussing
  • 00:09:17
    the limitations or
  • 00:09:19
    the restrictions on property because uh
  • 00:09:22
    like all rights okay every right
  • 00:09:26
    is subject to limitations was it not
  • 00:09:30
    a politician who said that
  • 00:09:33
    your right hands when the other people's
  • 00:09:36
    rights begin well that is true there is
  • 00:09:39
    truth to that
  • 00:09:40
    but again as i said it's not human
  • 00:09:42
    rights class so let's not discuss that
  • 00:09:44
    but uh we will now look at property
  • 00:09:48
    and what's the classification of
  • 00:09:50
    property
  • 00:09:51
    so property may be classified as follows
  • 00:09:54
    a property can be classified as
  • 00:09:55
    immovable
  • 00:09:57
    or movable it can be classified as
  • 00:10:00
    tangible or intangible consumable
  • 00:10:04
    or non-consumable fungible or
  • 00:10:07
    non-fungible
  • 00:10:08
    property of the public dominion or
  • 00:10:11
    property of private ownership
  • 00:10:14
    or rest nulus and rest communists
  • 00:10:17
    okay so there's so many classifications
  • 00:10:20
    of property out there
  • 00:10:21
    okay but uh we'll try to
  • 00:10:24
    of course uh define each and understand
  • 00:10:28
    each but
  • 00:10:28
    take note that of these classes or kinds
  • 00:10:32
    of properties
  • 00:10:33
    of course the most important is the
  • 00:10:35
    classification
  • 00:10:36
    of property into immovable and movable
  • 00:10:40
    okay now of course some of these
  • 00:10:42
    classifications are important
  • 00:10:44
    for other laws for example consumable
  • 00:10:46
    non-consumable
  • 00:10:48
    fungible and non-fangible
  • 00:10:49
    classifications are important
  • 00:10:51
    in the law on loans but
  • 00:10:54
    you have to watch my video on loans to
  • 00:10:57
    understand
  • 00:10:58
    when or in what type of loan
  • 00:11:02
    are consumable goods involved or
  • 00:11:04
    non-consumable goods in
  • 00:11:06
    are involved all right so let's now look
  • 00:11:08
    at these
  • 00:11:09
    uh classifications individually
  • 00:11:12
    all right so tangible property is
  • 00:11:15
    anything that can be touched
  • 00:11:17
    and includes both real property and
  • 00:11:20
    personal property
  • 00:11:22
    of course it's not just
  • 00:11:25
    to touch but also usually to see and to
  • 00:11:28
    to be able to feel okay the the thing so
  • 00:11:32
    that is called in uh that is called
  • 00:11:34
    tangible property
  • 00:11:35
    now intangible properties anything that
  • 00:11:38
    has no
  • 00:11:39
    physical substance such as statutory
  • 00:11:42
    creations like
  • 00:11:42
    copyright trademarks patents and
  • 00:11:46
    rights okay now they can relate to or
  • 00:11:48
    they can
  • 00:11:50
    be in connection with tangible property
  • 00:11:53
    like
  • 00:11:53
    rights to a house okay
  • 00:11:56
    but if what is sold
  • 00:12:00
    are the rights then it involves
  • 00:12:03
    the sale of intangible property
  • 00:12:06
    not the house because otherwise if
  • 00:12:10
    uh what is sold is the house and all the
  • 00:12:13
    rights
  • 00:12:13
    included or related to that house then
  • 00:12:16
    the subject of the sale would be
  • 00:12:18
    the house but if the contract simply
  • 00:12:20
    involves
  • 00:12:21
    the sale or assignment of rights then it
  • 00:12:24
    is a sale of
  • 00:12:26
    intangible or also what we call
  • 00:12:28
    incorporeal rights
  • 00:12:30
    all right now the next classification is
  • 00:12:33
    consumable thing
  • 00:12:34
    and a consumable thing is a thing that
  • 00:12:37
    cannot be used in a manner appropriate
  • 00:12:41
    to its nature
  • 00:12:42
    without being consumed or without being
  • 00:12:45
    confused yes
  • 00:12:46
    this definition is very confusing it
  • 00:12:48
    simply means that the purpose of its
  • 00:12:50
    being is to be
  • 00:12:52
    consumed or its very nature is for it to
  • 00:12:55
    be consumed okay that's it
  • 00:12:57
    now a non-consumable thing on the other
  • 00:12:59
    hand
  • 00:13:00
    is another confusing definition so it is
  • 00:13:03
    a thing that can be used in a manner
  • 00:13:07
    appropriate to its nature without it
  • 00:13:09
    being consumed
  • 00:13:12
    okay in other words okay its nature
  • 00:13:15
    is not to be consumed
  • 00:13:19
    okay simple as that all right now how
  • 00:13:21
    about a fungible thing a fungible thing
  • 00:13:23
    is one where the parties have agreed to
  • 00:13:26
    allow the substitution
  • 00:13:28
    of the thing given or delivered with an
  • 00:13:30
    equivalent thing
  • 00:13:32
    okay um that's why in a contract
  • 00:13:36
    of mutual or simple the object of the
  • 00:13:39
    contract
  • 00:13:40
    is a fungible thing because the contract
  • 00:13:43
    allows the replacement or substitution
  • 00:13:46
    of the thing loaned or borrowed
  • 00:13:48
    okay now a non-fungible thing is
  • 00:13:51
    one where the parties have the intention
  • 00:13:54
    of
  • 00:13:54
    having the same identical thing returned
  • 00:13:58
    after the intended use in other words
  • 00:14:01
    uh the purpose is not to replace it but
  • 00:14:04
    to return the exact or the same thing
  • 00:14:08
    and a non-fungible thing would be
  • 00:14:11
    a better or a more appropriate subject
  • 00:14:14
    or object of a contract of como datum
  • 00:14:17
    okay because in comodatum the bailly or
  • 00:14:20
    the person who receives the thing has
  • 00:14:22
    the obligation to
  • 00:14:23
    return the same thing but in
  • 00:14:26
    a simple loan or mutual the bailey or
  • 00:14:29
    the
  • 00:14:30
    person who receives the thing has the
  • 00:14:33
    obligation only to replace or to
  • 00:14:36
    substitute it
  • 00:14:37
    with a thing of the same kind quality
  • 00:14:39
    and quantity
  • 00:14:41
    okay so fungible thing is usually the
  • 00:14:44
    topic or the subject of
  • 00:14:46
    a simple loan or mutum but a
  • 00:14:48
    non-fungible thing is
  • 00:14:50
    something that is more appropriate for a
  • 00:14:52
    commodato
  • 00:14:54
    all right now as i've said the important
  • 00:14:56
    classifications are immovable properties
  • 00:14:58
    and movable properties
  • 00:15:00
    so what are immovable properties now
  • 00:15:04
    article 415 gives us the different types
  • 00:15:07
    of
  • 00:15:08
    different examples i say different
  • 00:15:10
    examples because
  • 00:15:12
    the list there in article 415 is not
  • 00:15:15
    exhaustive it's not exclusive but
  • 00:15:18
    rather they are mere examples now to
  • 00:15:21
    better know if a property is
  • 00:15:25
    real or immovable it's best to
  • 00:15:28
    group them according to nature
  • 00:15:32
    destination incorporation
  • 00:15:35
    and analogy in other words a thing or a
  • 00:15:38
    property may be considered immovable if
  • 00:15:41
    it is immovable by nature
  • 00:15:43
    and in that list under article 415 you
  • 00:15:45
    have paragraph one and eight as
  • 00:15:48
    immovables by nature and these are the
  • 00:15:51
    lands the buildings
  • 00:15:52
    roads constructions of all kinds adhered
  • 00:15:55
    to the soil
  • 00:15:56
    okay so anything that is adhered to the
  • 00:15:58
    soil by
  • 00:16:00
    nature then these are immovable
  • 00:16:02
    properties
  • 00:16:04
    also we have mines quarries
  • 00:16:07
    and slug dumps while they matter they're
  • 00:16:09
    all forms part of the bed
  • 00:16:11
    and water is either running or stagnant
  • 00:16:14
    so these are also
  • 00:16:15
    immovable property by nature okay now we
  • 00:16:18
    also have immovable properties by
  • 00:16:20
    destination
  • 00:16:22
    okay or i would call it by intention
  • 00:16:25
    so these are the properties listed under
  • 00:16:29
    paragraph 4 5 6 7
  • 00:16:32
    and 9 of articles 415 of the civil code
  • 00:16:36
    and these are the statues reliefs
  • 00:16:39
    paintings or other objects for use or
  • 00:16:42
    ornamentation
  • 00:16:43
    placed in buildings or on lands owned by
  • 00:16:46
    the
  • 00:16:46
    owner of the immovable in such manner
  • 00:16:49
    that it reveals the intention to attach
  • 00:16:52
    them
  • 00:16:52
    permanently to the tenement oh this is a
  • 00:16:55
    very very good source of question
  • 00:16:58
    do you know why because the first thing
  • 00:17:00
    that comes to mind is what if the statue
  • 00:17:02
    is placed by amir lassie
  • 00:17:05
    or what if the owner places it
  • 00:17:08
    with out the intention of attaching it
  • 00:17:11
    to the tenement permanently
  • 00:17:15
    okay anyway so let's now go to the next
  • 00:17:17
    question
  • 00:17:18
    or the next uh uh classification or next
  • 00:17:20
    list next in the list
  • 00:17:22
    and these are your machinery receptacles
  • 00:17:26
    instruments or implements intended by
  • 00:17:28
    the owner of the tenement
  • 00:17:30
    again owner of the tenement for an
  • 00:17:32
    industry or works which may be carried
  • 00:17:34
    on in a building
  • 00:17:36
    or on a piece of land and which stand
  • 00:17:38
    directly to meet the needs of the said
  • 00:17:40
    industry or works okay so again this is
  • 00:17:44
    immovable by destination or intention
  • 00:17:48
    okay uh another type of removable
  • 00:17:52
    under uh immovable by destination
  • 00:17:55
    are the animal houses pigeon houses
  • 00:17:58
    beehives fish ponds or breeding places
  • 00:18:01
    of similar nature
  • 00:18:02
    in case their owner has placed them
  • 00:18:04
    permanently attached to the land
  • 00:18:06
    and forming a permanent part of it the
  • 00:18:09
    animals in these places are
  • 00:18:10
    included okay now also fertilizer
  • 00:18:14
    actually used on a piece of land
  • 00:18:18
    what if your fertilizer
  • 00:18:23
    distributes
  • 00:18:40
    so take note of this words no those
  • 00:18:42
    those qualifications so
  • 00:18:44
    fertilizers actually used on a piece of
  • 00:18:46
    land
  • 00:18:47
    okay sorry i can't help it every time i
  • 00:18:49
    see something that could
  • 00:18:50
    you know um uh be a good question i
  • 00:18:54
    can't help it but i'll point it out to
  • 00:18:56
    you so take note
  • 00:18:58
    all right now docks and structures which
  • 00:19:00
    though floating are intended by their
  • 00:19:02
    nature and object to remain
  • 00:19:04
    at a fixed place on a river lake or
  • 00:19:06
    coast
  • 00:19:07
    obviously because it's attached and it's
  • 00:19:09
    intended to remain there at the fixed
  • 00:19:12
    place okay now immovable by
  • 00:19:14
    incorporation will be the third group
  • 00:19:17
    of immovables so incorporation
  • 00:19:21
    so again it's like intention and also
  • 00:19:24
    it's like
  • 00:19:25
    um nature not because it is incorporated
  • 00:19:29
    or attached to
  • 00:19:30
    okay another immovable so what are these
  • 00:19:33
    um mobile's been corporation well under
  • 00:19:36
    article 415
  • 00:19:38
    of civil code you have the properties
  • 00:19:40
    listed under paragraph one two and three
  • 00:19:43
    so you have the land buildings roads and
  • 00:19:45
    constructions
  • 00:19:46
    all kinds adhered to the soil okay
  • 00:19:50
    not the immovable
  • 00:20:05
    land buildings roads and constructions
  • 00:20:07
    of all kinds adhere to the soil
  • 00:20:10
    so similarly you have trees plants and
  • 00:20:12
    growing fruits which
  • 00:20:14
    while they are attached to the land or
  • 00:20:16
    form an integral part of an immovable
  • 00:20:18
    and next everything attached to an
  • 00:20:20
    immovable in a fixed manner in such a
  • 00:20:23
    way that it cannot be separated or from
  • 00:20:26
    without breaking the material or
  • 00:20:28
    deterioration of the object
  • 00:20:30
    okay and pin and kyben incorporates a
  • 00:20:32
    destination is that
  • 00:20:34
    well by nature those things that are
  • 00:20:36
    attached by destination are
  • 00:20:38
    really personal properties but then the
  • 00:20:40
    intention of the
  • 00:20:41
    owner the owner intention of the owner
  • 00:20:45
    of the property is to attach them to his
  • 00:20:47
    immovable
  • 00:20:49
    on the other hand uh evolves by
  • 00:20:51
    incorporation
  • 00:20:53
    are immovables that by nature
  • 00:20:57
    and by intention they are incorporated
  • 00:20:59
    or
  • 00:21:00
    attached to the soil and thus
  • 00:21:03
    it becomes now very integrated to the
  • 00:21:05
    soils that they cannot be removed
  • 00:21:07
    without damaging one or the other you
  • 00:21:09
    mean to say the one that is attached as
  • 00:21:10
    well as the principal thing which is the
  • 00:21:12
    soil
  • 00:21:13
    all right now next would be the
  • 00:21:15
    immovables by
  • 00:21:16
    analogy that's paragraph 10 so these are
  • 00:21:19
    contracts for public works
  • 00:21:21
    and servitudes and other real rights
  • 00:21:23
    over immovable property
  • 00:21:25
    okay real rights including mortgage
  • 00:21:28
    lease
  • 00:21:30
    or any right that binds third person so
  • 00:21:33
    that's unreal right
  • 00:21:34
    okay now it must be over
  • 00:21:37
    an immovable because you can also have a
  • 00:21:39
    mortgage over
  • 00:21:40
    a personal property like a shuttle
  • 00:21:42
    mortgage you can also have police over
  • 00:21:45
    a personal property like a lease of
  • 00:21:48
    a car so for
  • 00:21:52
    a right to be considered as a real
  • 00:21:55
    right and be a for a real right to be
  • 00:21:58
    considered immovable
  • 00:21:59
    that real right okay must be with
  • 00:22:01
    respect to an
  • 00:22:02
    immovable as well so a real right means
  • 00:22:05
    to say a right that is registered
  • 00:22:07
    recorded in the registry of property
  • 00:22:10
    over
  • 00:22:11
    a personal property like a shuttle
  • 00:22:13
    mortgage
  • 00:22:14
    that is not an immovable all right
  • 00:22:17
    okay next or take notes take note of the
  • 00:22:20
    following
  • 00:22:21
    so first buildings must be permanent in
  • 00:22:24
    character
  • 00:22:25
    not nearly superimposed because if it is
  • 00:22:28
    merely superimposed then it is uh
  • 00:22:32
    it is movable because the intention is
  • 00:22:35
    to
  • 00:22:36
    uh temporarily put it there uh
  • 00:22:45
    after a few days or a few months
  • 00:22:47
    depending on the intention of the owner
  • 00:22:50
    it will be moved to a different place so
  • 00:22:52
    the fact that the intention is to move
  • 00:22:54
    it from place to
  • 00:22:55
    place means that it's not immovable
  • 00:22:58
    because a building should
  • 00:22:59
    by by its uh connotation immovable need
  • 00:23:03
    to say permanently attached to the soil
  • 00:23:05
    okay next the owner of the building may
  • 00:23:07
    be different from the owner of the land
  • 00:23:09
    so it is
  • 00:23:10
    it doesn't matter if the land which is
  • 00:23:13
    immovable by incorporation and by nature
  • 00:23:16
    it doesn't matter if that land is owned
  • 00:23:18
    by another
  • 00:23:19
    okay because you know the law doesn't
  • 00:23:23
    uh distinguish between
  • 00:23:26
    the land which is owned by another and a
  • 00:23:28
    property which is on by another
  • 00:23:30
    okay because after all both real
  • 00:23:32
    properties or both immovables can be
  • 00:23:34
    registered okay so they can be
  • 00:23:36
    registered separately
  • 00:23:37
    next trees are real properties for as
  • 00:23:39
    long as they are adhered to the soil so
  • 00:23:41
    if they are cut
  • 00:23:43
    they are put aside and are
  • 00:23:46
    are being loaded or they are they wait
  • 00:23:49
    to be loaded
  • 00:23:50
    i mean do trees wait okay now they are
  • 00:23:53
    supposed to be loaded on the truck
  • 00:23:55
    then they now become movables they are
  • 00:23:58
    no longer immovables
  • 00:23:59
    so trees to be immovable they should not
  • 00:24:02
    be moving at all in other words they
  • 00:24:04
    should be attached or adhered to the
  • 00:24:06
    soil
  • 00:24:07
    okay now rexvinta which means
  • 00:24:10
    things attached to an immovable are
  • 00:24:12
    immovables if they are attached
  • 00:24:14
    okay they're not in a fixed manner which
  • 00:24:16
    can be separated from the removable
  • 00:24:18
    without
  • 00:24:19
    breaking the material or causing
  • 00:24:20
    deterioration of the object
  • 00:24:22
    so for example there can be some um
  • 00:24:26
    well let's say uh improvements on a
  • 00:24:30
    building
  • 00:24:30
    like um changing the interiors of the
  • 00:24:34
    building
  • 00:24:35
    but i know some offices put up some uh
  • 00:24:38
    cubicles and some of these cubicles are
  • 00:24:40
    so permanently attached that
  • 00:24:42
    if you take out these cubicles then it
  • 00:24:44
    will destroy the entire floor
  • 00:24:46
    so those cubicles although they started
  • 00:24:49
    out as
  • 00:24:50
    movables will not be considered
  • 00:24:52
    immovables because they are already
  • 00:24:54
    permanently attached to
  • 00:24:56
    the immovable now statues reliefs or
  • 00:24:58
    paintings must be placed by the owner
  • 00:25:01
    okay of the building with the intention
  • 00:25:03
    to attach them permanently to the
  • 00:25:05
    tenements
  • 00:25:06
    okay so if these statues reliefs or
  • 00:25:08
    paintings
  • 00:25:09
    were attached by a person other than the
  • 00:25:13
    owner like
  • 00:25:14
    alessi for example uh and
  • 00:25:17
    without and with that lassie retaining
  • 00:25:20
    his
  • 00:25:21
    right or his uh
  • 00:25:24
    option to to take it after the
  • 00:25:27
    expiration of the lease then
  • 00:25:29
    that statue painting or relief is not
  • 00:25:32
    considered immovable
  • 00:25:33
    okay but take note that if the lessee
  • 00:25:37
    or if in the contract of lease the
  • 00:25:40
    parties agree that anything that is
  • 00:25:42
    introduced by the lessee
  • 00:25:43
    will automatically belong to the lesser
  • 00:25:46
    than that means the less here
  • 00:25:48
    when he introduced uh these improvements
  • 00:25:51
    uh in that uh building or in the least
  • 00:25:53
    premises that less he acts now as an
  • 00:25:55
    agent of the lessor so
  • 00:25:57
    even if the it was the lassie who
  • 00:25:59
    introduced these statues reliefs or
  • 00:26:01
    paintings
  • 00:26:02
    they become they are already considered
  • 00:26:04
    immovable because that lassie
  • 00:26:06
    is deemed the agent of the owner of the
  • 00:26:10
    building
  • 00:26:11
    all right now next machinery to be
  • 00:26:13
    considered real must be
  • 00:26:14
    placed also by the owner or his agent
  • 00:26:18
    okay so a machinery which is placed
  • 00:26:22
    by a person not the owner will remain to
  • 00:26:25
    be
  • 00:26:26
    um a movable property even if
  • 00:26:29
    uh that machinery is important or
  • 00:26:33
    included in that building to serve uh
  • 00:26:36
    the business or
  • 00:26:38
    because it's necessary for the industry
  • 00:26:40
    of the lessee
  • 00:26:41
    but because it was introduced by the
  • 00:26:42
    lassie or uh placed there by the lassie
  • 00:26:45
    if not by the owner of the building so
  • 00:26:47
    it doesn't become immovable next real
  • 00:26:50
    rights to be considered real property
  • 00:26:52
    must be over immovable property like
  • 00:26:54
    what i said no a real right over a
  • 00:26:55
    movable for example a shuttle mortgage
  • 00:26:58
    over a car is not immovable now a thing
  • 00:27:01
    may be considered real or immovable by
  • 00:27:04
    estoppel okay but this treatment does
  • 00:27:06
    not bind
  • 00:27:07
    innocent third persons i'll discuss this
  • 00:27:09
    topic
  • 00:27:10
    later so just stay there watch out okay
  • 00:27:13
    because
  • 00:27:14
    there's a case on this so if you want to
  • 00:27:16
    understand
  • 00:27:18
    estoppel as to the classification of
  • 00:27:20
    real property
  • 00:27:22
    just wait till the end all right now
  • 00:27:24
    let's now talk about
  • 00:27:26
    movable properties okay just one m now
  • 00:27:29
    sometimes you can be
  • 00:27:31
    uh confused sometimes you may hear it
  • 00:27:34
    wrong like
  • 00:27:35
    immovable movable okay so when
  • 00:27:38
    reciting or when um stating
  • 00:27:42
    the word no so you have to really
  • 00:27:44
    pronounce immovable
  • 00:27:46
    now this one just said movable but
  • 00:27:48
    sometimes you know many of us would
  • 00:27:50
    still
  • 00:27:51
    you know spell m so immovable
  • 00:27:54
    immovable so when you say movable take
  • 00:27:57
    away the m
  • 00:27:58
    just say movable okay
  • 00:28:09
    was so popular because of her um
  • 00:28:13
    voice lesson classes
  • 00:28:20
    i love her i like i i love watching her
  • 00:28:22
    tick tock so she's so funny
  • 00:28:27
    the monumentic anyway
  • 00:28:30
    so movable versus immovable
  • 00:28:33
    okay but you know the best way to avoid
  • 00:28:36
    the confusion is just say
  • 00:28:38
    real property versus personal property
  • 00:28:41
    okay but
  • 00:28:41
    you know since articles four one five
  • 00:28:44
    and four one six
  • 00:28:45
    used immovable and movable then let's
  • 00:28:48
    use them
  • 00:28:49
    okay now sometimes just so you will not
  • 00:28:52
    be confused
  • 00:28:53
    the meeting you know real property for
  • 00:28:55
    immovable
  • 00:28:56
    and personal property for movable all
  • 00:29:00
    right so movable properties
  • 00:29:02
    are first movable by exclusion
  • 00:29:05
    how convenient
  • 00:29:09
    article 415 ebooks have been
  • 00:29:19
    but uh it simply means that
  • 00:29:23
    in this world okay we have
  • 00:29:26
    uh two types of properties you have the
  • 00:29:29
    immovables
  • 00:29:31
    which are the specific ones the special
  • 00:29:35
    ones
  • 00:29:35
    and all the rest are just movables
  • 00:29:44
    i think they will feel offended by that
  • 00:29:45
    classification
  • 00:29:47
    okay so these are the immovables and
  • 00:29:49
    they are specified they are special
  • 00:29:51
    they are described okay that you
  • 00:29:54
    describe
  • 00:29:56
    movables okay
  • 00:29:59
    and also uh movables by description
  • 00:30:03
    okay and how are they described they're
  • 00:30:06
    not described right their
  • 00:30:07
    what by their brand by their by their
  • 00:30:11
    use by their um what
  • 00:30:14
    substantivity instead they are defined
  • 00:30:17
    by their mobility
  • 00:30:19
    in other words if the thing can be moved
  • 00:30:22
    from place to place and can be removed
  • 00:30:24
    from the real property without
  • 00:30:25
    impairment of the real property
  • 00:30:27
    then it is a movable property
  • 00:30:30
    okay so the challenge now
  • 00:30:33
    is um how do you distinguish
  • 00:30:37
    something that is already attached okay
  • 00:30:41
    to an immovable or usually is
  • 00:30:43
    uh found or being used in
  • 00:30:46
    an immovable property like uh you know
  • 00:30:50
    machinery equipment okay uh how about
  • 00:30:54
    uh the fixtures sofa
  • 00:30:57
    dining tables and all that are they
  • 00:31:00
    considered
  • 00:31:01
    immovable because they are
  • 00:31:13
    [Music]
  • 00:31:15
    like some restaurants even screw their
  • 00:31:17
    chairs in there
  • 00:31:19
    i mean screw us a new screwdriver before
  • 00:31:22
    any second screw okay no screwing around
  • 00:31:26
    so um some restaurants screw their
  • 00:31:30
    tables and chairs so uh
  • 00:31:34
    are they now considered immovables yeah
  • 00:31:37
    so that's the challenge so again
  • 00:31:38
    baliklan lagitadun's
  • 00:31:43
    criteria okay for saying that and
  • 00:31:46
    that the property is immovable so
  • 00:31:48
    immovable by
  • 00:31:50
    nature available by destination
  • 00:31:54
    okay removable by incorporation and
  • 00:31:57
    immovable by
  • 00:31:57
    analogy so if the thing is not
  • 00:32:01
    by its nature attached to the soil so it
  • 00:32:04
    doesn't meet the
  • 00:32:05
    test of immovable by nature if it is not
  • 00:32:09
    attached by the owner of the immovable
  • 00:32:12
    to be made permanent part of that
  • 00:32:16
    immovable then it doesn't meet the
  • 00:32:18
    the definition or the require or the
  • 00:32:20
    classification of
  • 00:32:21
    immovable by destination or intention
  • 00:32:24
    now if it is not incorporated meant to
  • 00:32:27
    say it is not
  • 00:32:28
    attached to the soil by
  • 00:32:32
    its nature not the intention but by its
  • 00:32:35
    nature
  • 00:32:36
    um then it is also not an improveable by
  • 00:32:40
    incorporation
  • 00:32:41
    so is it immovable
  • 00:32:46
    incorporeal or intangible properties
  • 00:32:50
    so if it's a fixture like a sofa
  • 00:32:53
    a table movable
  • 00:32:57
    there to be you know to be permanently
  • 00:33:00
    attached to
  • 00:33:02
    the building because it serves
  • 00:33:05
    as let's say foundation it's just for
  • 00:33:09
    the use of
  • 00:33:10
    the um inhabited inhabitants
  • 00:33:13
    no residents of the uh residents of the
  • 00:33:16
    house
  • 00:33:18
    um it really is personal because it can
  • 00:33:20
    be arranged
  • 00:33:21
    it can be rearranged and transferred
  • 00:33:24
    just because it is
  • 00:33:26
    a fixed i am going to do a fixed case a
  • 00:33:28
    screwed
  • 00:33:29
    okay so if the owner affixes
  • 00:33:35
    if the owner screws okay affixes
  • 00:33:38
    if the owner affixes the table
  • 00:33:41
    to the the floor
  • 00:33:44
    uh the purpose of that is
  • 00:33:48
    to make it more permanent and not uh not
  • 00:33:52
    moving or not movable but
  • 00:33:55
    it doesn't change its nature that it is
  • 00:33:57
    movable i
  • 00:33:58
    am okay so union suggestion for just
  • 00:34:01
    look at the uh the circumstances look at
  • 00:34:05
    the intention
  • 00:34:07
    well first look at the nature of the
  • 00:34:08
    thing if it moves from place to place or
  • 00:34:10
    if it can be moved from place to place
  • 00:34:12
    second is if there is an intention to
  • 00:34:15
    affix it
  • 00:34:16
    in relation to some industry
  • 00:34:19
    in that immovable or because of some
  • 00:34:22
    personal desire of the owner to have it
  • 00:34:25
    fixed there
  • 00:34:27
    yeah so it becomes now an immovable
  • 00:34:31
    property all right so let's have a short
  • 00:34:34
    test okay so tell me
  • 00:34:37
    well actually so how can you tell me
  • 00:34:42
    okay so immovable or removable
  • 00:34:46
    and transition to
  • 00:34:53
    right so description sucks of cement
  • 00:34:56
    in a construction site is it immovable
  • 00:35:00
    or movable well it is movable because
  • 00:35:04
    the cement are still or
  • 00:35:07
    is still in the sack
  • 00:35:10
    so it has not yet been mixed or has not
  • 00:35:14
    yet been used okay to be
  • 00:35:16
    attached or incorporated into an
  • 00:35:19
    immovable okay
  • 00:35:29
    with water and then of course mixed into
  • 00:35:32
    or placed
  • 00:35:33
    into the mold then
  • 00:35:36
    it becomes now an immovable okay by
  • 00:35:40
    incorporation
  • 00:35:49
    [Music]
  • 00:35:55
    okay next cement forming the posts of
  • 00:35:58
    the building
  • 00:36:01
    so if the sacks were now processed
  • 00:36:05
    and then mixed and then placed or
  • 00:36:08
    uh incorporated into the post of the
  • 00:36:11
    building then
  • 00:36:12
    that cement would now be considered
  • 00:36:14
    immovable
  • 00:36:15
    okay by incorporation now how about a
  • 00:36:18
    printing machine
  • 00:36:18
    in a printing press so a printing press
  • 00:36:21
    is of course
  • 00:36:22
    like a a factory or an office
  • 00:36:26
    of print printable products
  • 00:36:29
    like papers books stationery envelopes
  • 00:36:32
    and all that
  • 00:36:33
    so the printing machine there although
  • 00:36:35
    it is by nature
  • 00:36:36
    movable but because of the
  • 00:36:40
    destination or because of the intention
  • 00:36:44
    of the owner of that building then uh
  • 00:36:46
    the thing
  • 00:36:47
    becomes now an immovable by destination
  • 00:36:50
    or by intention okay how about a laptop
  • 00:36:54
    now a laptop in that printing press for
  • 00:36:56
    example
  • 00:36:57
    may still be may also be um
  • 00:37:00
    essential to the business in that
  • 00:37:03
    building
  • 00:37:04
    but because it's not attached to the
  • 00:37:06
    building but rather
  • 00:37:08
    by its nature it can be moved from place
  • 00:37:11
    to place even inside that building it
  • 00:37:12
    can be
  • 00:37:13
    uh moved from uh one room to another
  • 00:37:16
    into say the foyer foyer
  • 00:37:20
    to the pantry and so uh movable telegram
  • 00:37:23
    laptop
  • 00:37:24
    okay now next status placed by the
  • 00:37:27
    lessee on the leased
  • 00:37:28
    property depending on the global statue
  • 00:37:34
    okay so if it's unless you need to say
  • 00:37:36
    not the owner
  • 00:37:38
    then it's not immovable but rather it is
  • 00:37:41
    simply movable
  • 00:37:42
    pertinent exception exception is that
  • 00:37:45
    when based or according to their
  • 00:37:47
    contract
  • 00:37:48
    anything that is placed or introduced
  • 00:37:51
    by the lessee in that list premises
  • 00:37:54
    whether personal or
  • 00:37:56
    removable property assuming predicament
  • 00:38:01
    will form part of the list premises and
  • 00:38:04
    will
  • 00:38:04
    belong to the lessor at the end of the
  • 00:38:08
    expiration at the end of the lease then
  • 00:38:10
    that means the lessee here
  • 00:38:12
    acts as an agent of the lesser thus
  • 00:38:15
    these statues even though placed by lse
  • 00:38:19
    are considered immovable because they
  • 00:38:21
    are deemed to have been placed there by
  • 00:38:23
    the less or through the constructive
  • 00:38:26
    agent which is the less okay next
  • 00:38:29
    growing fruits harvested by the farmer
  • 00:38:32
    so according to
  • 00:38:37
    article 414 fruits to be considered
  • 00:38:40
    immovable they should stay
  • 00:38:42
    attached to the tree so they should
  • 00:38:45
    still be considered
  • 00:38:46
    growing fruits but if they have already
  • 00:38:49
    fallen or they have already been
  • 00:38:50
    harvested then they are no longer
  • 00:38:52
    considered
  • 00:38:53
    growing fruits thus they
  • 00:38:56
    are no longer immovables so they are
  • 00:38:59
    movables
  • 00:39:00
    when they have already been harvested by
  • 00:39:02
    the farmer
  • 00:39:03
    all right so what's the significance or
  • 00:39:06
    importance of this classification
  • 00:39:07
    but i think nothing is immovable
  • 00:39:10
    movables then
  • 00:39:11
    if they're all properties i mean
  • 00:39:15
    properties anything that is the subject
  • 00:39:18
    of appropriation then both of them are
  • 00:39:20
    actually subject of appropriation
  • 00:39:22
    both immovable and movable and if these
  • 00:39:24
    properties are
  • 00:39:26
    considered generally properties then
  • 00:39:30
    the owner thereof has rights protected
  • 00:39:33
    by the constitution so
  • 00:39:34
    why make the fuss about the distinctions
  • 00:39:37
    well
  • 00:39:38
    the significance of the classification
  • 00:39:39
    can be appreciated in the following
  • 00:39:41
    number one formalities
  • 00:39:43
    so when you say formalities of course we
  • 00:39:46
    refer to
  • 00:39:46
    the form of the contract so in your
  • 00:39:49
    obligations and contracts you will
  • 00:39:50
    remember that a contract can be
  • 00:39:52
    verbal or inviting now some contracts
  • 00:39:56
    are
  • 00:39:56
    valid even though verbal and some
  • 00:39:59
    contracts require that it should be
  • 00:40:00
    reduced into writing
  • 00:40:02
    now the same applies to personal or
  • 00:40:06
    movables property and uh
  • 00:40:10
    immovables and real properties okay
  • 00:40:13
    so under article 13 58
  • 00:40:16
    okay um some properties
  • 00:40:20
    are or some or contracts involving real
  • 00:40:23
    properties whether it's
  • 00:40:24
    modification whether it's transfer
  • 00:40:28
    property or creation or extinguishment
  • 00:40:31
    of
  • 00:40:32
    rights over real property the same
  • 00:40:35
    should be
  • 00:40:36
    in a public instrument okay now if it's
  • 00:40:39
    not in a public instrument then
  • 00:40:41
    it cannot be proved okay
  • 00:40:45
    um it's not for the validity you know
  • 00:40:47
    the requirement the supreme court has
  • 00:40:48
    very
  • 00:40:49
    been has been very consistent on article
  • 00:40:52
    1358 is not really for
  • 00:40:55
    uh validity of the contract so if it's a
  • 00:40:57
    sale of real property it can still be
  • 00:40:59
    it can still bind the parties potential
  • 00:41:01
    rate cannot be proved and then
  • 00:41:04
    also uh article 1358 on sale of real
  • 00:41:07
    properties also for the convenience of
  • 00:41:09
    the parties
  • 00:41:10
    because you cannot register a sale uh
  • 00:41:14
    with the register of deeds unless the
  • 00:41:16
    sale is reduced in writing so
  • 00:41:18
    but then if it's personal property
  • 00:41:21
    there's no requirement of
  • 00:41:23
    uh a written instrument no because
  • 00:41:26
    uh ownership usually is acquired by a
  • 00:41:29
    simple
  • 00:41:29
    possession or um delivery of a personal
  • 00:41:33
    property
  • 00:41:34
    so he who has possession of a personal
  • 00:41:38
    or movable property is in fact
  • 00:41:40
    presumed to be the owner thereof so for
  • 00:41:46
    indianapolis
  • 00:41:48
    property and as provided under article
  • 00:41:50
    415
  • 00:41:51
    of the civil code then uh this property
  • 00:41:54
    or the sale
  • 00:41:55
    or alienation or encumbrance of these
  • 00:41:57
    properties must be
  • 00:41:58
    as a general rule in writing and in fact
  • 00:42:02
    in a public instrument also registration
  • 00:42:05
    okay only real properties are covered by
  • 00:42:09
    the torrent system okay so
  • 00:42:12
    real properties should be registered no
  • 00:42:16
    and if they are registered any voluntary
  • 00:42:18
    or involuntary dealing with these real
  • 00:42:20
    properties or immovable properties must
  • 00:42:22
    also be recorded in the registry of
  • 00:42:24
    property
  • 00:42:25
    now this is not to say however that the
  • 00:42:27
    registry of these
  • 00:42:28
    or the registry of property has nothing
  • 00:42:31
    to do with personal property
  • 00:42:33
    the registry of deeds also records uh
  • 00:42:36
    shuttle mortgages
  • 00:42:37
    and of course with the ppsa on mppsa
  • 00:42:41
    personal property security act okay with
  • 00:42:44
    the personal property security act then
  • 00:42:46
    other personal securities are also
  • 00:42:49
    recorded or registered with the
  • 00:42:51
    um registry of deeds so yeah um
  • 00:42:56
    warning warning back uh well
  • 00:42:59
    advice uh kasama pusa bar um ppsa so rl
  • 00:43:02
    rl
  • 00:43:03
    for mpps alien all right now
  • 00:43:06
    um so personal property generally are
  • 00:43:09
    not recorded in the registry of deeds or
  • 00:43:11
    registered property
  • 00:43:12
    now how about acquisitive prescription
  • 00:43:15
    acquisitive prescription also varies
  • 00:43:17
    between immovable properties and movable
  • 00:43:20
    properties
  • 00:43:21
    we have two types of prescription we
  • 00:43:23
    have ordinary prescription and
  • 00:43:24
    extraordinary prescription ordinary
  • 00:43:26
    prescription
  • 00:43:27
    generally applies to um
  • 00:43:31
    possession adverse possession in good
  • 00:43:33
    faith
  • 00:43:34
    adverse possessions
  • 00:43:38
    because i'm adversely
  • 00:43:46
    your possession is adverse to his uh
  • 00:43:48
    possession of rights
  • 00:43:50
    nothing sorry possession in good faith
  • 00:43:54
    yeah
  • 00:43:55
    so ten years lamb but real property but
  • 00:43:57
    a good faith it means you have
  • 00:43:59
    that the possessor has no notice or
  • 00:44:02
    knowledge of any defect in his
  • 00:44:06
    right okay do the properties
  • 00:44:13
    that's good faith now if that uh
  • 00:44:16
    possessor
  • 00:44:17
    is aware of an adverse claim
  • 00:44:21
    or is suspecting but he did not
  • 00:44:25
    make an investigation and verify or
  • 00:44:28
    authenticate that suspicion that he
  • 00:44:31
    would still he would be considered as a
  • 00:44:33
    possessor in bad faith so acquisitive
  • 00:44:36
    prescription extraordinary acquisitive
  • 00:44:39
    prescription
  • 00:44:41
    in real property would be 30 years now
  • 00:44:44
    ampina kaiba's a personal property is
  • 00:44:46
    that in personal property
  • 00:44:48
    ordinary prescription would only require
  • 00:44:50
    four years
  • 00:44:52
    but personal or but extraordinary
  • 00:44:54
    prescription
  • 00:44:56
    uh in or involving personal property
  • 00:44:59
    would require
  • 00:45:00
    eight years okay so must make say
  • 00:45:03
    okay now um well don't ask me
  • 00:45:08
    it's unsolicited
  • 00:45:11
    the difference is that of course with um
  • 00:45:15
    real property it's there okay
  • 00:45:18
    so um you have to
  • 00:45:22
    meet the minimum of 10 years or 30 years
  • 00:45:25
    to prove to the world that that that you
  • 00:45:28
    have
  • 00:45:29
    sustained it that you intelligent
  • 00:45:35
    other than you so by the lapse of that
  • 00:45:38
    time it means you have already
  • 00:45:40
    cemented yeah because we're talking
  • 00:45:43
    about real properties again say maintain
  • 00:45:45
    your right to that property
  • 00:45:49
    the period is shorter in personal
  • 00:45:50
    property because
  • 00:45:52
    these personal properties or these
  • 00:45:54
    movables are by their nature
  • 00:45:56
    movable they can be transferred from
  • 00:45:58
    place to place so why
  • 00:46:00
    require the same length of 10 or
  • 00:46:03
    30 years uh ownership over movables can
  • 00:46:07
    be easily settled
  • 00:46:08
    within a short period because four years
  • 00:46:11
    or eight years that's very you know long
  • 00:46:14
    i mean that's long enough to
  • 00:46:15
    to settle any possible question as to
  • 00:46:19
    ownership of that personal property
  • 00:46:22
    the rule after all is that he who is in
  • 00:46:24
    physical possession is presumed to be
  • 00:46:26
    the owner of a personal property
  • 00:46:28
    if there's anyone who claims otherwise
  • 00:46:30
    then he should uh
  • 00:46:31
    file it asap because knowing that that
  • 00:46:34
    thing can
  • 00:46:34
    can can get lost yeah short term period
  • 00:46:38
    so important distinction distinction
  • 00:46:41
    then
  • 00:46:41
    we would the law would use the same
  • 00:46:44
    length of time
  • 00:46:46
    for prescription for both types of
  • 00:46:48
    properties i mean
  • 00:46:49
    is it too long it may not be
  • 00:46:52
    fair or it may not be logical for the
  • 00:46:55
    same
  • 00:46:56
    prescriptive period applicable to
  • 00:46:59
    personal
  • 00:47:00
    property i mean to say four or eight
  • 00:47:02
    years
  • 00:47:03
    be made applicable to real properties or
  • 00:47:05
    immovables
  • 00:47:07
    because they are very different and the
  • 00:47:09
    dynamics of these properties are very
  • 00:47:11
    different at least
  • 00:47:12
    the human dynamics involving these
  • 00:47:13
    properties are very different
  • 00:47:15
    okay next as to venue to file actions
  • 00:47:17
    first of course you have to
  • 00:47:19
    classify the action between personal
  • 00:47:21
    action or
  • 00:47:22
    real action now this uh different from
  • 00:47:26
    i mean they do not necessarily mean that
  • 00:47:29
    a personal action is one that
  • 00:47:30
    involves personal property but generally
  • 00:47:33
    yes because when you say personal
  • 00:47:35
    property the action is only binding
  • 00:47:36
    against
  • 00:47:37
    the defendant okay but not against the
  • 00:47:40
    whole world so the decision in that case
  • 00:47:42
    is
  • 00:47:42
    only binding between the parties but
  • 00:47:45
    usually because
  • 00:47:46
    personal property is or ownership over
  • 00:47:49
    personal property is
  • 00:47:52
    follows the physical possessor and
  • 00:47:55
    because we don't have a mode or system
  • 00:47:58
    of registration personal or a personal
  • 00:48:01
    property
  • 00:48:02
    then an action to recover a personal
  • 00:48:04
    property is
  • 00:48:06
    usually and still is a personal action
  • 00:48:09
    so con personal action yan the venue
  • 00:48:13
    is okay the place of either
  • 00:48:16
    the plaintiff or the defendant at the
  • 00:48:19
    election of the plaintiff
  • 00:48:20
    is a personal action yeah kite now
  • 00:48:23
    property
  • 00:48:23
    is in let's say in mindanao
  • 00:48:27
    because that's where the defendant is
  • 00:48:29
    but and then the plaintiff is in let's
  • 00:48:32
    say
  • 00:48:32
    in
  • 00:48:47
    property because this is a personal
  • 00:48:49
    action and the plaintiff can
  • 00:48:50
    choose to file it in his place of
  • 00:48:52
    residence in
  • 00:48:54
    ilocos okay but if it is a real property
  • 00:48:57
    then it is clearly a real action because
  • 00:48:59
    any action or any right or interest
  • 00:49:03
    over a real property if prosecuted
  • 00:49:06
    usually binds the whole world so that's
  • 00:49:08
    why
  • 00:49:09
    um the action should be filed in the
  • 00:49:12
    place
  • 00:49:12
    where the property is located and not
  • 00:49:15
    where the parties
  • 00:49:16
    reside okay it's okay i don't need
  • 00:49:18
    different personal
  • 00:49:20
    property or but movable or uh immovable
  • 00:49:24
    okay next is put the thing as a sale on
  • 00:49:26
    installment
  • 00:49:28
    remember your loan sales personal
  • 00:49:30
    property and
  • 00:49:32
    and it was sold on installment in the
  • 00:49:34
    applicable law is back to law or article
  • 00:49:36
    1484 of the civil code
  • 00:49:39
    but if it is a real property sold an
  • 00:49:41
    installment then the applicable
  • 00:49:54
    it's good that we have distinctions now
  • 00:49:55
    you have to study and learn this
  • 00:49:58
    uh article 4084 and republic 65 52 to
  • 00:50:02
    better
  • 00:50:03
    see the difference and the differences
  • 00:50:04
    of course in the
  • 00:50:06
    remedies or the rights and obligations
  • 00:50:08
    of the parties
  • 00:50:09
    next is double sale so under article
  • 00:50:12
    1544 you will
  • 00:50:13
    immediately see the difference or the
  • 00:50:15
    distinction between movables
  • 00:50:17
    and immovables if it's a double sale of
  • 00:50:20
    movables the preference is given to the
  • 00:50:23
    first
  • 00:50:24
    buyer who is in possession in good faith
  • 00:50:27
    so possession and preference
  • 00:50:29
    but in uh real property or immovable
  • 00:50:33
    uh it is the first person or first
  • 00:50:37
    buyer uh who registers the sale
  • 00:50:40
    in good faith so registration and
  • 00:50:42
    preference pasta immovable
  • 00:50:45
    now of course if the property is
  • 00:50:46
    immovable
  • 00:50:48
    sorry if the property is unregistered
  • 00:50:50
    immovable
  • 00:50:52
    then you don't uh insist on registration
  • 00:50:55
    because indigenous registered
  • 00:50:57
    so it's the first buyer who is in
  • 00:50:59
    possession
  • 00:51:00
    of that unregistered immovable
  • 00:51:04
    okay who will be preferred now of course
  • 00:51:06
    you have local taxation which i pray we
  • 00:51:08
    know that persistent local taxation only
  • 00:51:10
    real property is subject to real
  • 00:51:12
    property taxes
  • 00:51:13
    platinum personal property taxation all
  • 00:51:16
    right
  • 00:51:16
    okay now let's look at the case of
  • 00:51:18
    search products versus pci leasing
  • 00:51:21
    number one three seven seven zero five
  • 00:51:23
    august twenty two two
  • 00:51:24
    thousand opinion two thousand four
  • 00:51:26
    hundred
  • 00:51:27
    i think this is two thousand okay anyway
  • 00:51:30
    checking along one three seven
  • 00:51:31
    seven zero five you can check that out
  • 00:51:33
    in google or in lawful.net
  • 00:51:36
    or even at the website of the supreme
  • 00:51:37
    court okay now this is the case
  • 00:51:39
    involving
  • 00:51:41
    classification of property based open
  • 00:51:44
    okay
  • 00:51:45
    so estoppel is of course a condition
  • 00:51:48
    whereby a person who doesn't act or
  • 00:51:51
    makes a representation
  • 00:51:53
    um will be prevented
  • 00:51:57
    or will not be allowed okay to change
  • 00:52:00
    his
  • 00:52:00
    earlier representation or his earlier
  • 00:52:03
    acts
  • 00:52:04
    because that would of course prejudice
  • 00:52:06
    third persons or that would be against
  • 00:52:08
    the lower public policy
  • 00:52:10
    okay so what are the facts of the case
  • 00:52:12
    so respondent pci leasing and finance
  • 00:52:15
    incorporated filed with the
  • 00:52:17
    qc a complaint for a sum of money
  • 00:52:21
    with an application for rate of replen
  • 00:52:23
    against search
  • 00:52:24
    products now respondent judge issued a
  • 00:52:27
    writ of rip levin
  • 00:52:29
    which the sheriff sought to implement by
  • 00:52:31
    seizing
  • 00:52:32
    machinery insurance factory okay
  • 00:52:35
    now search opposed the writ claiming
  • 00:52:38
    that the properties were real properties
  • 00:52:40
    and cannot be the subject of replete
  • 00:52:42
    okay
  • 00:52:43
    now
  • 00:52:47
    article 415 so if the
  • 00:52:50
    machinery is placed in the building
  • 00:52:54
    by the owner or by the lessee
  • 00:52:57
    with the consent of the owner or with
  • 00:53:00
    the agreement that the owner acquires
  • 00:53:02
    the said machinery okay
  • 00:53:06
    and also the purpose is for the
  • 00:53:09
    or to serve to be used for the works
  • 00:53:13
    or the industry related or for which the
  • 00:53:16
    building was used
  • 00:53:17
    okay then that would become real
  • 00:53:20
    property
  • 00:53:21
    okay now the question is whether the
  • 00:53:24
    machinery were real property
  • 00:53:25
    by virtue of immobilization in other
  • 00:53:28
    words
  • 00:53:28
    immovable by destination or attention
  • 00:53:32
    so according to the supreme court no
  • 00:53:34
    well the machines
  • 00:53:35
    that were the subject of the seizure
  • 00:53:37
    were
  • 00:53:38
    real property by destination because
  • 00:53:40
    they were placed by the petitioners in
  • 00:53:42
    their factory built on their own land
  • 00:53:45
    the court held that the contracting
  • 00:53:47
    parties may
  • 00:53:48
    validly stipulate that a real property
  • 00:53:51
    be considered as
  • 00:53:52
    personal property after agreeing to such
  • 00:53:56
    stipulation they are consequently
  • 00:53:58
    stopped from claiming otherwise under
  • 00:54:00
    the principle of estoppel
  • 00:54:02
    a party to a contract is precluded from
  • 00:54:05
    denying the truth
  • 00:54:06
    of any material fact found during all
  • 00:54:09
    right
  • 00:54:10
    now if you will be asked uh what are the
  • 00:54:14
    different types of immobilization you
  • 00:54:16
    need to say uh
  • 00:54:17
    when an immovable but when a thing
  • 00:54:20
    becomes immovable so
  • 00:54:21
    nothing nature immobile by destination
  • 00:54:26
    immovable by incorporation and immovable
  • 00:54:29
    analogy
  • 00:54:30
    is stopped but because estoppel is a
  • 00:54:33
    remedy in equity and not really a remedy
  • 00:54:36
    law then it must be strictly applied
  • 00:54:40
    or strictly construed it must be applied
  • 00:54:42
    only in
  • 00:54:43
    situations that exactly call for it
  • 00:54:48
    stipulation in their agreement nah
  • 00:54:52
    that the machinery would be considered
  • 00:54:54
    as
  • 00:54:55
    real property or personal property then
  • 00:54:58
    there is no estoppel
  • 00:55:00
    okay uh speculative malina known that
  • 00:55:03
    there was
  • 00:55:04
    really an agreement an act or a
  • 00:55:07
    representation
  • 00:55:08
    uh which made the other party agree to
  • 00:55:11
    it no
  • 00:55:12
    like in this case and premier agreements
  • 00:55:14
    both of them agreed to it because both
  • 00:55:16
    of them undertook to
  • 00:55:17
    consider the machinery as personal
  • 00:55:20
    properties
  • 00:55:21
    yeah it would prejudice the other party
  • 00:55:23
    the other party to that contract would
  • 00:55:25
    you know uh just turn us back to that
  • 00:55:28
    agreement
  • 00:55:32
    all right so that's the case of search
  • 00:55:35
    all right now next let's look at the
  • 00:55:37
    different properties by
  • 00:55:38
    private ownership and by public
  • 00:55:40
    ownership or public domain
  • 00:55:42
    so the properties of private ownership
  • 00:55:44
    or properties considered
  • 00:55:46
    to be private properties are patrimonial
  • 00:55:49
    property of the state
  • 00:55:51
    and property belonging to private
  • 00:55:54
    persons either individually or
  • 00:55:55
    collectively
  • 00:55:56
    so patrimonial property are those
  • 00:55:59
    properties
  • 00:56:00
    belonging to the state but in the
  • 00:56:03
    private capacity of the state so
  • 00:56:06
    can a state be i mean
  • 00:56:09
    can the state have a private capacity i
  • 00:56:11
    mean the state
  • 00:56:12
    is of course the the public
  • 00:56:15
    domain you know everything in the public
  • 00:56:18
    domain belongs to the state or refers to
  • 00:56:20
    the state
  • 00:56:21
    so how can the state be or how can the
  • 00:56:24
    state have a private capacity
  • 00:56:26
    well the state acquires private capacity
  • 00:56:30
    or exercises its private capacity when
  • 00:56:33
    it enters into contracts with private
  • 00:56:35
    individuals
  • 00:56:36
    okay or even in inventing the contracts
  • 00:56:39
    with
  • 00:56:40
    other public entities like other states
  • 00:56:44
    no
  • 00:56:44
    and so these are public entities or even
  • 00:56:47
    uh entering
  • 00:56:48
    into contracts with um
  • 00:56:51
    other public corporations local
  • 00:56:54
    government units
  • 00:56:55
    but if the contract is private in nature
  • 00:56:58
    not for some public service then uh
  • 00:57:01
    that is a contract in the private
  • 00:57:04
    capacity of the state
  • 00:57:06
    so any property that is
  • 00:57:10
    the subject of these juridical relations
  • 00:57:12
    in the private capacity of
  • 00:57:14
    the state are considered patrimonial
  • 00:57:17
    properties
  • 00:57:20
    public markets which are being rented
  • 00:57:22
    out to private individuals
  • 00:57:23
    what else uh commercial well government
  • 00:57:27
    buildings which are being used for
  • 00:57:28
    commercial purposes
  • 00:57:29
    those are also uh
  • 00:57:32
    patrimonial properties also uh
  • 00:57:35
    lands which are being used
  • 00:57:39
    or are being allocated to
  • 00:57:42
    private individuals under the housing
  • 00:57:44
    program of the state
  • 00:57:46
    then those are also patrimonial
  • 00:57:48
    properties
  • 00:57:49
    now of course the easier to
  • 00:57:52
    see or easier to identify are the
  • 00:57:55
    private
  • 00:57:56
    properties or the properties belonging
  • 00:57:58
    to private persons
  • 00:57:59
    now usually they are registered if they
  • 00:58:01
    are registered and there is
  • 00:58:03
    of course a transfer or an original
  • 00:58:06
    certificate of title
  • 00:58:07
    in the name of these private individuals
  • 00:58:10
    of course this means that these private
  • 00:58:11
    individuals have already acquired these
  • 00:58:13
    properties from the state
  • 00:58:15
    okay so if you want to know more about
  • 00:58:17
    how
  • 00:58:18
    a private individual can acquire
  • 00:58:20
    property belonging to the state
  • 00:58:22
    i suggest that you uh study uh
  • 00:58:25
    the topic or the subject of land titles
  • 00:58:27
    indeeds
  • 00:58:28
    now who knows maybe in the future i
  • 00:58:30
    would make a video on ltd
  • 00:58:32
    okay uh some property
  • 00:58:39
    in the bar review centers and so last
  • 00:58:42
    month
  • 00:58:43
    march i think it was march 34 march 28th
  • 00:58:46
    i
  • 00:58:46
    i lectured on the topic of land titles
  • 00:58:50
    indeed
  • 00:58:50
    with or before the villages law center
  • 00:58:54
    and also the previous month it's a pup
  • 00:58:57
    bar review center no man
  • 00:58:59
    then of course i also lectured on that
  • 00:59:02
    at
  • 00:59:26
    all right now what are the properties of
  • 00:59:29
    the public domain and these are the
  • 00:59:30
    public properties
  • 00:59:32
    now i mean for for easier understanding
  • 00:59:34
    so these are the properties
  • 00:59:36
    now instead of the the civil code
  • 00:59:39
    identifying these or classifying
  • 00:59:41
    according to their characteristics or
  • 00:59:44
    nature like
  • 00:59:45
    how the constitution um described or
  • 00:59:48
    identified
  • 00:59:49
    the properties of the public domain
  • 00:59:53
    of course if you remember it's a
  • 00:59:54
    constitution foreign you have
  • 00:59:56
    forest lands temporal lands mineral
  • 00:59:59
    lands national parks and
  • 01:00:01
    so dito the civil code instead of
  • 01:00:04
    identifying these
  • 01:00:05
    properties according to their nature
  • 01:00:07
    characteristics
  • 01:00:09
    or topography if you will uh here
  • 01:00:12
    an purpose so
  • 01:00:15
    if the property is for public use public
  • 01:00:18
    service and for the development of the
  • 01:00:20
    national wealth then that property
  • 01:00:22
    is a property of public dominion
  • 01:00:25
    okay so what are these properties let me
  • 01:00:28
    check
  • 01:00:29
    i have eternal polarization let's first
  • 01:00:31
    check these characteristics of
  • 01:00:32
    properties of public dominion
  • 01:00:34
    and how or why they are called
  • 01:00:36
    properties of the public dominion
  • 01:00:38
    so first they cannot be alienated or
  • 01:00:40
    leased or otherwise be the subject
  • 01:00:42
    matter of contracts because if that
  • 01:00:44
    property
  • 01:00:46
    is the subject of a lease or is being
  • 01:00:49
    alienated by the state
  • 01:00:51
    or by an lgu or by an
  • 01:00:54
    agency of the government then that means
  • 01:00:56
    that property has already become
  • 01:00:58
    patrimonial property so private property
  • 01:01:02
    in this public property so if in this
  • 01:01:04
    apart they
  • 01:01:05
    alienate this operating release then
  • 01:01:07
    that means the property is still public
  • 01:01:09
    property
  • 01:01:10
    now also they cannot be acquired by
  • 01:01:12
    prescription against the states of
  • 01:01:13
    public property and india pueden gaming
  • 01:01:17
    acquisitive prescription 10 years or 30
  • 01:01:21
    years
  • 01:01:23
    also they cannot be the subject to
  • 01:01:25
    attachment or execution
  • 01:01:27
    because they are of course properties
  • 01:01:29
    belonging to the state
  • 01:01:30
    so no attachment or execution can be
  • 01:01:33
    attached or can be executed or
  • 01:01:38
    can be raised against the state now also
  • 01:01:40
    they're exempt from real estate taxes
  • 01:01:42
    and can't be sold at public auction and
  • 01:01:44
    they cannot be burdened by
  • 01:01:45
    any voluntary easement so any more
  • 01:01:49
    qualifications or characteristics of
  • 01:01:52
    properties of the public dominion
  • 01:01:54
    okay now interestingly here is the case
  • 01:01:57
    of
  • 01:01:58
    heirs of malabanan and the requirement
  • 01:02:00
    for conversion
  • 01:02:01
    so sinabina kanina they take not the
  • 01:02:04
    second note that i placed here that
  • 01:02:07
    properties
  • 01:02:09
    um of the public domain cannot be
  • 01:02:11
    acquired by
  • 01:02:12
    prescription against the state because
  • 01:02:14
    these properties
  • 01:02:16
    belong to the state okay forever and
  • 01:02:18
    ever unless
  • 01:02:20
    i've been a supreme court due to serious
  • 01:02:21
    malabana unless they have already been
  • 01:02:24
    reclassified so if they have already
  • 01:02:26
    been reclassified
  • 01:02:28
    there must be to say they have been
  • 01:02:30
    converted
  • 01:02:31
    as patrimonial property then there must
  • 01:02:34
    be a positive
  • 01:02:36
    act okay on the part of
  • 01:02:39
    congress or by the president okay
  • 01:02:42
    declaring the said property
  • 01:02:43
    as patrimonial property and that it is
  • 01:02:47
    no longer reserved for
  • 01:02:48
    public use public service
  • 01:02:51
    and for the development of the national
  • 01:02:54
    wealth
  • 01:02:57
    properties that are for public use
  • 01:03:00
    public service and for the development
  • 01:03:01
    of the national wealth
  • 01:03:02
    support public you see naga metallic on
  • 01:03:05
    a
  • 01:03:06
    regular daily basis so you have the
  • 01:03:08
    streets
  • 01:03:09
    uh the roads uh what uh water uh
  • 01:03:12
    sources clear water lines
  • 01:03:18
    service demand so these are the needed
  • 01:03:21
    basic services like schools
  • 01:03:24
    um hospitals government buildings
  • 01:03:28
    yeah now for the development of the
  • 01:03:30
    national wealth these are
  • 01:03:32
    properties that uh help uh
  • 01:03:35
    increase uh the economy or improve the
  • 01:03:37
    economy of the state so
  • 01:03:39
    for example
  • 01:03:45
    those are properties needed for the
  • 01:03:47
    development of the national wealth
  • 01:03:48
    so if they remain as such then they
  • 01:03:50
    cannot be acquired by
  • 01:03:52
    prescription the but marie classify mona
  • 01:03:55
    and not convert into
  • 01:03:56
    a patrimonial property that is no longer
  • 01:04:00
    used or reserved for public use public
  • 01:04:02
    service
  • 01:04:03
    and for the development of the national
  • 01:04:06
    wealth
  • 01:04:07
    okay so that is the end
  • 01:04:10
    of this video on the basic concepts of
  • 01:04:14
    property
  • 01:04:15
    so as you will recall in the discussion
  • 01:04:17
    and definition of property
  • 01:04:19
    characteristics of property the types of
  • 01:04:23
    property
  • 01:04:24
    mean to say as
  • 01:04:31
    and also of course the uh classification
  • 01:04:34
    of property into immovable and
  • 01:04:37
    movable and also you know properties
  • 01:04:40
    when they're classified as private
  • 01:04:43
    properties
  • 01:04:44
    and public properties or properties of
  • 01:04:46
    the public dominion
  • 01:04:48
    all right so i hope this is a
  • 01:04:52
    more than sufficient background or
  • 01:04:54
    introduction to property
  • 01:04:56
    um take note of my next topic which
  • 01:04:59
    would be
  • 01:05:00
    ownership cigar pakistan
  • 01:05:03
    ownership accession and co-ownership who
  • 01:05:07
    knows
  • 01:05:17
    [Music]
  • 01:05:23
    all right so i'd like to thank everyone
  • 01:05:26
    for watching this video
  • 01:05:28
    and for sticking and i'm sure it's
  • 01:05:31
    been quite a long video
  • 01:05:34
    okay there's no shortcut in law so thank
  • 01:05:36
    you very much for watching this video
  • 01:05:38
    if you enjoyed this video please hit
  • 01:05:40
    that like button please subscribe if you
  • 01:05:43
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  • 01:05:44
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  • 01:05:47
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    you're not paying me to make these
  • 01:05:50
    videos right so the least you can do is
  • 01:05:52
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    and let's learn the law together so
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    click your name
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  • 01:06:02
    so that's it from me i'll see you in my
  • 01:06:06
    next video
  • 01:06:10
    about us
Tags
  • dret de la propietat
  • immobles
  • mobles
  • característiques de propietat
  • prescripció adquisitiva
  • proprietat patrimonial
  • drets legals
  • contractes
  • compravenda doble
  • domini públic