Law of PropertyPresentation

Definition and Nature of thing and property

ThingSection 137 provides that

“ Things are corporeal objects."

PropertySection 138 provides that

" Property includes thing as well as incorporeal object, susceptible of having value and susceptible

of being appropriated."

* It is acceptably found that “a property” has a broader scope than “a thing” because thing is included in the definition of the property.

Nature of thing · Thing is corporal object

· Thing is susceptible of having value

· Thing is susceptible of being appropriated

Nature of thing

Cars

Nature of thing

Pens

Nature of thing

Candy

Nature of property1. Corporeal and incorporeal objects.

- Corporeal object is thing- Incorporeal object is the object which has not material existence in

itself. We are unable to see incorporeal object in reality.

Ex. Wind power, water power , copyright

Nature of propertyIncorporeal

Copyright

Nature of property

2. Thing and property are susceptible of having value.It mean that valuable in itself. This need not be an economic value.

But value to mind or emotion and have value for the owner, they count as property.

Nature of property

A Love letter

movie ticket

Chips

Nature of property3. Thing and property are susceptible of being appropriatedBeing appropriated refers to a taking or seizing of property or thing

by a person for his/her own. An appropriation may derive either from the ownership or

possession

Classification of Property1. Immovable Property2. Movable Property3. Divisible Things4. Indivisible Thing5. Thing Outside of Commerce

Immovable PropertyLand or things that fixed permanently to land

or joining as part of the land. (Included real rights)

Immovable PropertyThere are 4 kinds of immovable property.

1. Land : the earth’s surface, ground, mountain, beach and island.

Immovable Property2. Things fixed to land permanentlyBy nature : created in the land naturally

eg. rocks, tree (planted for more than 3 years.)

By human : structures - must be fixed to land tightly and

permanently - not necessarily forever eg. house, building, bridge

Immovable Property3. Thing forming a body with land :

is a thing formed on the land and joining as part of the land.

Naturally : eg. stone, sand, waterfall, river.Man-made : eg. road

*thing buried in the ground is not claimed

as the immovable property*

Immovable Property4. Real rights : rights to claim on property.

There are 5 kinds of real rights (1) Ownership

: the right to be an owner of the immovable property.

(2) Possession: the right to possess the property.

Immovable Property(3) Habitation: the right to stay in a building without paying rent.

(4) Servitude: the right of some benefit use out of the land of

another.(5) Superficies

: the right created by the owner of the land in favour of

another person giving him the right to own the land orbuilding.

Movable Property

Things other than immovable property includes rights connected therewith.

Movable Property1) Thing other than immovable property .Property which is moved from one place

to whether by its own force.carAnimal

Pencil

Movable Property2)Right connected with movable

property.

There are 3 type of movable property.

1.The ownership of movable property2.The right of possession of movable property.

3.The right in the intellectual property.

Different between immovable and movable property

1) Mobility

Immovable property-cannot move or cannot be moved easily.

Movable property-can be taken from place to another.

Different between immovable and movable property

2)Rights connected to the property

-Some right can be created only on the immovable property.

-Some right can be created only on the movable property.

(e.g. pledge)

Different between immovable and movable property

3)Length time for the adverse possession

immovable property-10 years

movable property-5 years

Different between immovable and movable property

4)Form of juristic act

-must be made in the form prescribed by law.

-a sale contract of land must be in writing and registered with competent

official.-not require form.

Different between immovable and movable property

5)Extent of ownership

Immovable property-extended below and above the surface

Movable property -no extension

"Divisible things are those which can be separated into real and distinct portions, each forming a perfect whole."

For example : land, oil, rice and paper.

Divisible Things

"Indivisible things are those which cannot be separated without alteration in its substance as well as those which are considered indivisible by law."

Indivisible Thing

There are two kinds of indivisible thing, which are:

1) Thing cannot be separated without alteration in its substance,

such as : house, shirt, TV set, watch, and fan.

2) Thing is considered indivisible by law.For example : a share of a limited company, component parts, a right of servitude.

Indivisible Thing

"Things outside of commerce are things incapable of appropriation and those legally inalienable."

Thing Outside of Commerce

There are two kinds of thing outside of commerce, which are:

1) Things incapable of appropriationsuch as : the sky, the sun, the moon and the air.

2) Things legally inalienablesuch as : domain public of state, forest preserved for the common use, and buddhist temple.

Thing Outside of Commerce

CCC Section 144 states that, “A component part of a thing is that which,according to its nature or local custom, is essential to its existence and cannot be separated without destroying, damaging or altering its form of nature. The owner of a thing has ownership in all its component parts”

Component Parts

Essential elements of component part

Three essential elements of component part

1)Independent things fixed firmly and tightly to create new thing are considered component parts.

For example, a car body, tyres, engine and steering wheel are component parts of a car.

Essential elements of component part2)The component parts are an essential part to the existence of new thing by the nature or by local custom.

(1)By nature, such as -Magnifying lens is a component part of a magnifying glass. (2)By local custom, such as

-Kitchen is a component part of a house.

Essential elements of component part3)Component part can’t be separated from a thing without destroying’ damaging or altering things because it is fixed tightly and firmly to the thing.

Therefore, a right shoe is not the component part of a left shoe because a right shoe is not fixed to a left shoetightly.

Exceptions of the component partsThere are three exceptions of the component parts1) Trees which grow only of a limited period of time and crops which may be harvested one or more times a year are not the component parts of the land.

4Trees when planted for an unlimited period of time are deemed to be component parts of the land on which they stand.

-Parennial tree which planted for more than three years of for an unlimited period of time is a component part of the land.

-Non-parennial tree is a tree which grows only for a limited period of time, and crops which may be harvested one or more times a year.It isn’t the component parts of the land.

Exceptions of the component parts

2) Things temporarily fixed to land or to building do not become the component parts of the land or building

such as a booth in a fair or exhibition, a fruit stall in the market, and a food stall on the street.

3) Building or other structures, which in the exercise of a right over another person’s land, has been fixed to the land by the person who has such right. it is not the component part.

Exceptions of the component parts

Accessories• Accessories are moveable things which are invented to used or attached with principal

thing

• According to section 147 there are 5 elements to be an accessory

1. Accessory must attracted to principal thing

2. Accessory must be a moveable thing

3. Accessory is used with the principal thing permanently by usual local conception

4. Accessory is used for management or preservation of the principal thing

5. Accessory is brought to the principal thing only by the owner of principal

Accessory must attracted to principal thing

Accessory must be a moveable thing

Accessory is used with the principal thing permanently by usual local conception

• Some accessory is attached to the principal thing all the time

Eg. Battery of the mobile phone

• Some accessory is not always attached to the principal thing Eg. Key and the lock

• Some accessory always used with principal thing by it’s nature Eg. Spare tyre and the car

Accessory is used for management or preservation of the principal thing

• Used to served benefit,advantage,protection of the principal thing

Accessory

Principal thing

Different from the component part

• Accessory is not attached to the principal item firmly or tightly

Eg. Tyre is fixed to car tightly but spare tyre is not fixed to the car tightly

• Accessory can be separated from the principal thing without damaging the principal thing

Fruits of a thing• CCC said that “ fruits of a thing have a broader scope than a general perception

• Fruits of a thing can be separated into two kinds

1. Natural Fruit

2. Legal Fruit

Natural fruit

• Offspring of the thing • Production of the thing• Receive the ownership of the natural fruit

o Eg. Cow > Milko Dog > Puppieso Land > Minerals such as petroleum

How to form a natural fruit

• Must be spilt from the thing completely Such as apple from apple tree

• The things must not be changed Ivory from elephant are not counted as natural fruits

Legal Fruit• The owner obtain the interest periodically by another person for using the thing

Eg. Deposit money , Rent a building , Shareholder dividend

• But Lotto or lottery are not legal fruit 3

• Owner of the thing is the owner of the fruit

Real right

what is real right?- real right is a right of a person over the property.

There are five natures of a real right which are :

1.) Real right can be set up against all persons.2.) Real right obliges other persons to prevent from unlawfully

interfering with the use of the property.3.) Real right applies to the property but personal right applies to a person.4.) It’s used for the use, management or preservation of the principal thing.5.) Brought to the principal thing only by the owner of the principal thing.

There are 7 classes of real rights..(only occurs in movable property)

1.) Ownership2.) Possession 3.) Servitudes4.) Habitation5.) Superficies6.) Usufruct7.) Charge on immovable property

Ownership

Ownership is a real right representing the ownership of the property subject to the enforcement of the CCC.

- (Ownership is an absolute right - anyone who has an ownership of the property should have the right permanently)

Possession

A person acquires possession by holding a property with the intention of holding it for himself. In addition, a person may acquire possession through another person holding for him.

Servitudes

Servitudes are a kind of the real rights that the owners of an immovable property is bound. Servitudes may be acquired by prescription.

(Servitudes is extinguished by non-usage for 10 years)

Habitation

A right of habitation may be created either for a period of time or for the for the life to the grantee.

(The grant may be renewed for a period not exceeding 30 years from the time of renewal.)

Superficies

The owner of a piece of land may create a right of superficies in favor of another person by giving him the right to own. (The right of superficies is transferable by the inheritance.)

Usufruct

Usufruct is the real right which the usufructuary (right holder) is entitled to the possession, use and enjoyment of the property.

(The usufructuary has the right of management of the property.)

Charge on immovable property

An immovable property may be subjected to a charge entitling the beneficiary to a periodical performance. The owner of property still possesses that property.

( however, he is on duty to let the beneficiary use and enjoy such property in a periodical performance.)