PROPERTY
IN RELATION TO THE PERSON TO WHOM IT BELONGS
Art. 419.
Property
is either of public dominion or of private ownership.
Discussion:
Property are classified according to ownership. This article expressly states that properties are owned either in a public capacity or in a private capacity. Regarding the state, it may own properties both in its public capacity and in its private capacity.
Article 418. Movable property is either consumable or nonconsumable. To the first class belong those movables which cannot be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others.
Discussion:
Consumable cannot be used according to its nature without its being consumed and non-consumable are any other kind of movable property.
Art. 417. The following are also
considered as personal property:
(1) Obligations and actions which have for their object
movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and
industrial entities, although they may have real estate.
Discussion:
It
is clearly stated here that an owner’s share of stocks in the agricultural,
commercial and industrial entities are considered personal property. If somebody steals your car, your right to bring an action to recover the
automobile is personal property by itself. This is because your object of right
is an immovable. A promisory note is personal property, the right to collect it
is also personal property by analogy. Even if the sole property of a
corporation should consist only of a real property, a share of stock in said
corporation is considered personal property.
Art. 416. The
following things are deemed to be personal property:
(1) Those
movables
susceptible of appropriation which are not included in the preceding
article;
(2) Real
property
which by any special provision of law is considered as personal
property;
(3) Forces
of
nature which are brought under control by science; and
(4) In
general,
all things which can be transported from place to place without
impairment
of the real property to which they are fixed. (335a)
Discussions: (1) There are many examples of various kinds of personal property, such as
a fountain pen, a piano and animals.
(2) Growing crops for the purposes or the Chattel Mortgage Law; machinery
placed on a tenement by a tenant, who did not act as the agent of the
tenement owner. (3) Electricity, gas, light, nitrogen are the examples of this under control of science. (4) Machinery not attached to land nor needed for the carrying on of an
industry conducted therein; portable radio; a diploma hanging on the
wall.
Article 415 10)
Contracts
for public works, and servitudes and other real rights over immovable
property. (334a)
costruction of roads
Discussion:
Under the old Civil Code the words "administrative concessions for public works" were used instead of " contracts for public works". The properties referred to are not material things but rights, which are necessarily intangible. The piece of paper on which the contract for public works has been written is necessarily personal property, but the contract itself, or rather, the right to the contract, is real property.
Article 415 (9) Docks
and
structures which, though floating, are intended by their nature and
object
to remain at a fixed place on a river, lake, or coast;
DOCKS
Discussion: A floating house tied to a shore or bank post and used as a residence is considered real property, considering that the waters on which it floats are considered immovables. Vessels are considered personal property. As a matter of fact, they are indeed very movable. Because they are personal property, they may be the subject of a chattel mortgage. Although vessels are personal property, they partake to a certain extent of the nature and the conditions of real property because of their value and importance in the world of commerce.
Article 415 (8) Mines,
quarries,
and slag dumps, while the matter thereof forms part of the bed, and
waters
either running or stagnant;
Discussion: Mines, including the minerals still attached thereto, are real properties, but when the minerals have been extracted, the latter become chattels. Slag dump is the dirt and soil taken from a mine and piled upon the surface of the ground. inside the dump can be found the minerals. Then, the waters referred to those still attached to or running thru the soil or ground. but still, the water itself as distinguished from waters, is clearly personal property.
