Philippine Laws -Simplified | Free Legal Advice

Welcome! I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people. Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody. This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice. Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!

Basic Concepts of Property

Thursday, September 1, 2011

Property is defined as something that can be appropriated (i. e. something you can own under your rights if ownership or can be the object of a contract.) It is used for moral and economic wants and can exist by itself as a whole. Not all things are property, but all properties are things. Things are classified into the following groups:

1.) Res nullius

No owner, either because they have been abandoned by their owners or that they were never appropriated in the first place. They can be appropriated and are considered as property.

2.) Res communes

Belonging to everybody. They aren't owned by anybody in particular, but they're for everybody's use. They can't be appropriated. Ex. public roads.

3.) Res alicujus

Tangible objects or intangible ones (rights) which belong to someone. They can be appropriated.

Property is classified into the following:

1.) Movable (personal) or immovable (real) -as to movability

2.) Public dominion or private ownership -as to ownership

3.) Alienable or outside human commerce (can't be bought or  sold, like government projects) -as to alienability

4.) Present or future property -as to existence. But take note, future inheritances can't be sold

5.) Tangible or intangible -as to materiality

6.) Generic or specific -as to nature


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