oblicon 1110 unfin

8/10/2019 oblicon 1110 unfin

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prescription- is one of hte seven modes of acquiring ownnershipUnder common laws, acquisition of property and rights by the lapseUnder common laws,one may acquire a real rights tru lapse of time. In other words, that one who acquires real rights because of the lapse of time,was not the real owner at the beginning. He was possesion of property after lapse of time he becomes owner of property.

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11/11/14

Article 1106 By prescription, one acquires ownership nd other legal rights through the lapse of time in the manner and under the conditions laid down by the

law.

This is what we call acquisitive prescription- masuccedin taking posesion of what does belong to him within period of time required by law since real owner dodnot do anthing to protct his rights or peserve his rightsby abandonment in favor of usurfer who after period of tie becomes the owner ofproprty tru prescriptionIn so far a extincetive or limitation of action -baseod on probability rithsst acquired in the distant past could have been extinguised and ergoperson may loss tru extinctive prescription since he did not do anything since he abandoned/ negligent

In the same way rights and conditions are lost by prescription- extinctive prescription

Basis ; soon abandonment or negligence on the part of the real owner

1107people who are capable of acquiring prperty ...

even minors and other incapacitated persons can acquire prescription either personally or with arents or legal

it is necessary teh person has discernment /intention to appripertiat the thing

for thmselves/ if they dobnt have they need assistance from parent s or legal re

1108 Prescription, both acquisitive

if monors or incapacitated personno parents/ laegal rep prescription will botrun agaist them since parents can assist them.

Absentees has been appointed by the court; ifthey none then prescription will not apply


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the same teu with person living abroad who have managers/executors; ifthey havenone; this will not applyjuridical person except state and its subdivision- it will not run against them

Subdivision of state --provinces

1113- property of state not patromonial in charater shall not be object of

if partrio- can be object of prescription

1109 prescription does not run against against husband and wife during marriageeven

influence affection could prevent one from filing to each other even if there separation of propbut this is not absolutein case legal separation- 5 years action for legal separationquestion of husband who is admin absolute community c- 5 years to question.shallwwe say pres is susprnded? no not susprended;we can consider this cases asexcepton under civil code even if there is separation of prop

1110prescription, acquisitive and extinctive,runs in favor od, or against a married womanwhy is this so? it as if it is not pr

married woman consider to have full legal capacity

1111 prescription obtained by co-proprietor

co-propritoe

or co-ownership

when two or more person owning single and undivided thing; there is co-ownershipand ech is co-owner

two or more who are owners of establishment

prescriptionA B C owners

if A obtained tru prescription; then the two shall be benefited

A B C - co owners parcels of land in taclobanparcels of land they own in commonC -managing co -owners10,00 0sqif C possesss in excess of 10,000 sq met- obtained tru prescriptionthen these two should be benefitted1111it is not applicable if there is

we do not apply if there there co-ownership

ifparcel of land is located in Mindanao; C only obtained tru prescription

there is a need to ratify C since it is possible A and B do not know the possitory done by C ergothere is a need


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prescription obtained a co-owner shall apply co-owners they own in common.

1112who has persons has capacity to aliante property or transfer ownership?ownerswhen person has capacity to alienate ;he can also renounce prescription alreadyobtained but not prescription in the futureEx: A borrowed 10k to B.Even after lapse of 10 years, B did not collect therrofre , indebtedness prescribe and therefore A can refused of that prescription bynot paying since the debt has already prescribe.HE can renouceby paying ( his conscience dictates)

he can renounce prescription already obtained

Prescription is deemed to be tacitly renounced when renouncation results from acts which imply abandonment of the right acquiredright to asert prescription by paying

Article 1113 All things which are within the commerce of men are susceptible ofprescription, unless otherwise provided. Property of the State or any of its subdivision not patrimonial in character shall not be the object of prescription

Provides for the things susceptible for prescriptionAns: all things which are under the commerce of men unless otherwise provided

What are things within the commerce of men? when do we say it is within commercewhen the thing is object commercial/judicial transcation

Drugs/ shabu cannot be object of commercial transaction

Property of state shall not be object of prescription.

juridical person or state and its subdivision

1108 - properties of state and its subdivision

if property of state not patrimonial in character

1108 vs 1113

1108- does not make distinction regardless what kind of propertties1113- only property of state not in patrominal in character

-VAGUE

Properties of state and its subdivisionlawmaking bodies make amendments

intention of lawmaking bodies- to exclude patrimonial property

what is patrimonial property?

state can acquire public or private capacityproperties acquired private capacity are considered patrimonial in character; theseare prop not used for public use.these are can be distributed to qualified beneficiariesex: free patents


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when can we say it is patrominoal in character?the congress/ executove must make declaration that this is patrimonial in charater

things withinthe commerce of men yet not suscptible to prescriptionexception:1)things acquired tru crimes 2)lands registered in torrens systems ; has certificate of title to the land even provately owned

Art 1114

Law is protective over creditors.protection given by law to creditors.even if debtors renounces prescription already obtained ; creditors can still avail of that prescription to make it effective; if it does not do so it would beprejudicial to him

EX ;

CORP has certain debts; borrowed from previous and current creditors.indebtedness to previous has already prescribe. COrp need not pay since it already prescribr

but if corp pays then curent credots can avbail of making prescr effective ; itwould be prejudicail to him if he did not do so.knowing Corp wants to pay previous creditors even already prescribe ; he can prevent corp from paying saying debt has already prescribe.

The law is trying to protect current creditors.

Art 1115 The provision of the present Title are understood to be without prejudice to what in the code or in special laws is estblished with respect to specificcases ofprescription

General provision on prescriptionthis is without prejudice to specific prescription or to other cases in laws.

We dont apply if there is specific provisions.

Art 116 Prescription already running before the effectivity of this Code shall be governed by laws previously in force

logically, it is the old law that will govern.

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oblicon 1110 unfin