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POSSESSION, USUFRUCT, OWNERSHIP - Coggle Diagram

- - - - QLF: Without other limitations than those established by law (428)
      - Right of action against holder and possessor of thing in order to recover it (428)
        
        Not prejudiced by acts of possessor as holder (558)
        
        QLF: UNLESS gave express authority or ratifies the act
        
        Right to exclude any person from enjoyment or disposal (429)
        
        Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion (540)
        
        Legal presumption that they possess just title and CANNOT be obliged to show or prove it (541)
- - - - Right to file forcible entry (539)
  - - - QLF: When shown that property has been under their possession at some previous time, without proof of the contrary (554)
      - Right to be reimbursed for necessary expenses (546)
        
        To borne the costs of litigation over the property (550)
        
        Loss of possession when; (555)
        
        QLF:
        (1) By the abandonment of the thing;
        (2) By an assignment made to another either by onerous or gratuitous title;
        (3) By the destruction or total loss of the thing, or because it goes out of commerce;
        (4) By the possession of another, subject to the provisions of article 537, if the new possession has lasted longer than one year. But the real right of possession is not lost till after the lapse of ten years. (555)
        
        Possession of movables is not deemed lost, even though for the time being he may not know their whereabouts (556)
        
        QLF: So long as they remain under the control of the possessor (556)
        
        Possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third persons (557)
        
        EXC: In accordance with the provisions of the Mortgage Law and the Land Registration laws
- - - - Right to be refunded for useful expenses (546)
        
        No right to to be refunded for expenses for pure luxury or mere pleasure (548)
        
        QLF: Right to remove ornaments which has embellished the principle if it suffers no injury and if their successor in possesion doesn't prefer to refund the amount expended (548)
        
        Possession of movables = title (559)
        
        QLF: If acquired at a public sale, true possessor must pay the price before they can obtain its return (559)
        
        Right to a part of the expenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession (545)
        
        QLF: If at the time the good faith ceases, there should be any natural or industrial fruits (545)
        
        QLF: The charges shall be divided on the same basis by the two possessors (545)
        
        Loses right to be indemnified in any manner (545)
        
        QLF: If they refuse to exercise the right to finish the cultivation and gathering of the growing fruits, given as an option by the owner, as an indemnity for his part of the expenses of cultivation and the net proceeds (545)
        
        Not be liable for the deterioration or loss of the thing possessed (552)
        
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- - - - QLF: Recovery must be according to law (561)
      - Right to refund the amount of expenses to possessor in good faith OR paying the increase in value which the thing may have acquired by reason thereof (546)
        
        Not obliged to pay for improvements which have ceased to exist at time they take possession of the thing (553)
- - - - Right to remove objects for which expenses have been incurred (549)
        
        QLF: Thing suffers no injury and lawful possessor doesn't prefer to retian them by paying the value they may have at the time he enters into possession
      - No right to be refunded for improvements for pure luxury or mere pleasure (549)
        
        QLF: If third person acquired in good faith at sale, can't obtain without reimbursing the price paid for (559)
        
        Right to recover movable unlawfully deprived (559)
        
        Liable for deterioration or loss in every case, even if caused by a fortuitous event (552)
        
        Aware that there exists in his title or mode of acquisition any flaw which invalidates it (526)
- - - - EXC: Donor who reserved rthe usufruct of property donated OR parents who are usufructuaries of their children's property EXCEPT when parents contract a secon marriage (584)
      - May be excused from the obligation of making an inventory or of giving security (585)
        
        QLF: When no one will be injured thereby (585)
        
        Shall take care of the things given in usufruct as a good father of a family (589)
        
        To answer for any damage which the usufruct may suffer through the fault or negligence of the person who substitutes them (590)
        
        QLF: Usufructuary alienates or leases their right of usufruct (590)
        
        To replace the young of the animals that die each year from natural causes OR arel ost due to the beasts of prey (591)
        
        QLF: Usufruct is constituted on a flock or herd of livestock
        
        Deliver the remains of the perished animals to owner (591)
        
        QLF: When animals all perish without the fault of usufructuary (contagious disease, or uncommon event) (591)
        
        Usufruct continues on animals that are saved when animals perish in part (591)
        
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- - - - Right to enjoy the thing in usufruct (572)
        
        Right to alienate the thing in usufruct (572)
        
        Right to make use of the usufruct accoring to their intended pupose (573)
        
        QLF: When usufruct includes things which gradually deteriorate through wear and tear without being consumed (573)
        
        Not obliged to return them at the termination of the usufruct EXCEPT in their condition at that time (573)
        
        EXC Obligated to indemnify owner for any deterioration due to usufructuary's fraud or negligence (573)
        
        Right to make use of usufruct that can't be used without being consumed (574)
        
        QLF: If they were appraised, oblgated to pay their aprpraised value at termination of usufruct (574)
        
        QLF: If not apraised, right to return the same quantity or quality OR pay their current price at the time usufruct ceases (574)
        
        USUFRUCTUARY OF FRUIT-BEARING TREES
        
        May make use of dead trunks, and even those cut off or uprooted by accident (575)
        
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        May leave dead, fallen, or uprooted trunks at disposal of owner and demand the owner to remove them and clear the land (576)
        
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        QLF: ALL CONTRACTS entered into as usufructuary shall TERMINATE upon expiration of the usufruct (572)
        
        EXC: Leases of rural lands shall subsit during agricultural years (572)
        
        QLF: ALL CONTRACTS entered into as usufructuary shall TERMINATE upon expiration of the usufruct (572)
        
        EXC: Leases of rural lands shall subsit during agricultural years (572)
      - QLF: If usufruct expires before termination of lease, them and their heirs and successors shall receive only the proportionate share of the rent that must be paid by the lessee
- - - - Right to dispose (428)
        
        Right of action against holder and possessor of thing in order to recover it (428)
        
        Right to exclude any person from enjoyment or disposal (429)
        
        CONSEQUENTLY: May use necessary force to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property (429)
        
        Right to enclose or fence land or tenements by means of alls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon (430)
        
        No person shall be deprived of his property (435)
        
        QLF: If not complied with, the courts shall protect and, in a proper case, restore the owner in his possession (435)
        
        EXC: Except by competent authority and for public use and always upon payment of just compensation (435)
        
        OWNER OF A PARCEL OF LAND
        
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        QLF: Without other limitations than those established by law (428)
  - - - Right to exclude any person from enjoyment or disposal (429)
        
        CONSEQUENTLY: May use necessary force to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property (429)
        
        Right to enclose or fence land or tenements by means of alls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon (430)
    - - Right of action against holder and possessor of thing in order to recover it (428)
        
        Right resort to judicial process for the recovery of the property (433)
        
        QLF: Property under actual possession by another person (not authorized by true owner) claiming ownership
        REASON: Actual possessioin under claim of ownership raises disputable presumption of ownership (433)
        
        REQUISITES
        Property must be identified, and plaintiff must rely on the strength fo their title and NOT the weakness of defendant's claim (434)
        
        QLF: Objects to acquisition of possession through force or intimidation (536)
    - - Right to bring an action to remove cloud or quiet title (476) or prevent cloud from being cast (476)
        
        REQUISITES
        Must have legal or equitable title to, or interest in real property*
        NEED NOT BE IN POSSESSION OF SAID PROPERTY (477)
        
        WHEN?
        When there is a cloud on title (any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title) (476) OR contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription (478)
        
        Must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the their benefit (479)
        
        Principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code (480)
        
        Procedure shall be governed by such rules of court as the Supreme Court shall promulgate (481)
    - - REQUISITES
        Property must be identified, and plaintiff must rely on the strength fo their title and NOT the weakness of defendant's claim (434)
  - - - QLF: Cannot alter its form or substance OR do anything which may prejudice the usufructuary
    - - QLF: Acts should NOT cause a dimnutition in the value of the usufruct or prejudice the right of the usufructuary (595)
    - - Owner may make them at usufructuary's expense (592)
    - - QLF Usufructuary fails to give security when bound ot give them (586)
      - May retain the property in usufruct as administrator until the usufructuary gives security or is excused from so doing (586)
        
        QLF: obligation to deliver to the usufructuary the net proceeds thereof, after deducting the sums which may be agreed upon or judicially allowed him for such administration
        
        Demand delivery upon usufructuary giving secutiry for the payment of the legal interest on their appraised value (587)
        
        QLF: If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value (587)
- - - - Right to compel other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes (488)
        
        Right to exempt themselves from contributing to the necessary expenses by renouncing their undivided interest that may be equivalent to their share of the expenses and taxes (488)
        
        Right to repair for preservation (489)
        
        QLF: Must notify co-owners of necessity of the repairs, if practicable (489)
        Expenses to improve or embellish shall be decided upon by a majority (489)
        
        Things used in common shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each (490)
        
        QLF: Whenever the different stories of a house belong to different owners, and when the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject (490)
        
        GEN: Each owner shall bear the cost of maintaining:
        
        the floor of his story;
        
        the floor of the entrance,
        
        front door,
        
        common yard (490)
        
        QLF: Whenever the different stories of a house belong to different owners, and when the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject (490)
        
        GEN: Sanitary works common to all shall be maintained at the expense of all the owners pro rata; (490)
        
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