Ownership Acquisition and Loss: Civil Code Essentials
NOTE LESSON 03
Acquisition and Loss of Ownership
1. Acquisition of Ownership – According to Article 1204 of the Civil Code, ownership is acquired from the moment it becomes possible to exercise it in one’s own name. Possession can be acquired in two ways:
1.1. Originates
This occurs without the vices that defiled the predecessor’s possession.
1.1.1. Apprehension of Thing
This means seizing possession, a shift of the thing to the owner’s domain, or the use of the thing if it is property. It consists of the unilateral appropriation of the thing and applies to:
1.1.1.1. Things No One Owns (res nullius) and Abandoned Things (res derelictae)
1.1.1.2. Property Taken From Others Without Permission
While violence or clandestinity exists, possession is held (though unfairly). If the original owner fails to defend their possession, the defects disappear.
1.1.2. Exercise of the Right
This means exploiting the law, enjoying it (e.g., owning a phone line implies a “right of use”; acquiring ownership of an aqueduct easement if the servient estate owner remains inert).
1.2. Derived
This carries the same defects as before.
1.2.1. Tradition
Tradition is the delivery of the thing, assuming an agreement of wills. It requires the intention of both the tradens (who delivers) and the accipiens (who receives). Tradition can be real (effective delivery), symbolic (e.g., car keys), or ficta (constituto possessorio).
1.2.2. Constituto Possessorio or Constitutive Clause (Article 1267, Paragraph One, Civil Code)
This is the act by which one who possessed in their own name begins to possess on behalf of others (e.g., an owner sells their property and continues living there as a tenant).
Note: For constituto possessorio, ownership is divided: the former owner becomes the direct owner, while the new owner has indirect possession. The constitutive clause is not presumed and applies to both movable and immovable property.
1.2.3. Accession of Time
Ownership can be continued by adding the current owner’s possession time to that of their predecessors. A buyer can add previous possession time for prescription purposes.
2. Persons Who Can Acquire Ownership: (Art. 1205 CC)
2.1. Any capable person; if incapable, they must be represented or assisted.
2.2. A representative or attorney (agent) with special powers.
2.3. A third party without warrants, depending on ratification (business manager).
3. Loss of Ownership
3.1. Abandoning the Thing (res derelictae): Renouncing possession voluntarily.
3.2. Tradition: Delivery of the thing with the intention of transferring ownership.
3.3. Loss: E.g., a ring falling into the sea.
3.4. Destruction: Total destruction by natural events or fortuitous events (floods, fires, etc.).
3.5. Possession of Others: Even against the owner’s will, if the other maintains or reinstates authority over time.
3.6. Constituto Possessorio: As described in 1.2.2.
4. Composse
This is when two or more people share possessory powers over the same thing (Art. 1199 CC). It can be caused by contract or inheritance. In this case, each can freely use the thing according to its purpose and exercise their rights consistent with indivisibility.
Any compossessor can use possessory actions or self-defense to prevent another from exclusive possession. They can act as a single subject and use necessary possessory remedies, as in a condominium. Examples include spouses under universal communion of goods, cohabiting partners, heirs before partition, and dealers (except legal entities).
4.1. Requirements for Composse
4.1.1. Plurality of Subjects
4.1.2. Undivided Thing
4.2. Types
4.2.1. Composse Undivided Pro
People have an ideal share of the good (e.g., three people own an apartment without specific parts assigned).
4.2.2. Composse Pro Division
There is a de facto division, so each compossessor knows their part (e.g., three people own a farm, each using a specific area).