- Statute
- Philippine Civil Code
- Article
- Art. 712
- Topic
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Formerly
- Art. 609a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. (609a)
Intellegal Wiki · In plain terms
This article gathers the modes of acquiring ownership in one place. Occupation and intellectual creation are original modes, by which ownership arises in the acquirer rather than passing from someone else. Law, donation, testate and intestate succession, and — in consequence of certain contracts — tradition are derivative modes, by which an existing ownership is transmitted. Prescription is added as a further mode; its requisites are set out in Articles 1117 and following, and a contract alone does not transfer ownership without the delivery that tradition supplies.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Teodoro Acap v. Court of Appeals G.R. No. 118114