DIFFERENT MODES OF ACQUIRING OWNERSHIP

Category: Property, Ownership and Its Modifications

DIFFERENT MODES OF ACQUIRING OWNERSHIP

PRELIMINARY PROVISION

Art. 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. (609a)

MODES OF ACQUIRING OWNERSHIP

1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectual creation
6. Prescription
7. Succession

CLASSIFICATION OF REAL RIGHTS IN THE CIVIL CODE

1. When there is full control and enjoyment
     a. Ownership
     b. Possession

2. When there is partial control and enjoyment
     a. Naked ownership
     b. Usufruct
     c. Easements
     d. Lease of real property if it exceeds one year or if it is registered

3. Real rights of security or guaranty
     a. Mortgage
     b. Pledge
     c. Antichresis
     d. Retention
     e. Chattel mortgage

4. Of acquisition
     a. Pre-emption
     b. redemption