Monday, October 3, 2011

What's The Importance of Classifying Property Into Immovables and Movables?

Republic Act No. 386
The Civil Code of the Philippines
AN ACT TO ORDAIN AND INSTITUTE THE CIVILCODE OF THE PHILIPPINES
BOOK II
PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title I. - CLASSIFICATION OF PROPERTY
PRELIMINARY PROVISIONS

best example of IMMOVABLE PROPERTY
Art. 414. All things which are or may
be the object of appropriation are 
considered either:
soil; it's a MOVABLE PROPERTY

(1) Immovable or real property; or

(2) Movable or personal property. (333)





Discussion:
           
               "The classification of property into immovables or movables does not  assume its importance from the fact of mobility or non-mobility, but from the fact that different provisions of the law govern the acquisition, possession, disposition, loss, and registration of immovables and movables. In general sense, a donation of real property, like the land, must be in a public instrument, otherwise the alienation will not be valid even as between the parties to the transaction."

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