Explanation of Article 28
The article clarified that the default rule for original real rights is that they do not arise except through appropriation, which is the act of taking possession of something, provided that the item is not owned by anyone and that the appropriation is with the intent of ownership, such as fishing, hunting birds, and collecting firewood from forests not owned by anyone.
It is worth noting that this ruling does not apply to real estate, as real estate cannot be owned through appropriation; rather, the ownership of real estate requires registration in the real estate register.
The article also clarified that original real rights may arise without appropriation, such as:
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First: Inheritance, which is the transfer of ownership of property to the heir after the death of the deceased.
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Second: Will, which is the transfer of ownership of property to the legatee after the death of the testator.
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Third: Gift, which is the transfer of ownership of property to the donee during the life of the donor.
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Fourth: Sale, which is the transfer of ownership of property from the seller to the buyer for a consideration.
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Fifth: Acquisitive prescription, which is the acquisition of ownership of an item by the passage of time, provided that the item is possessed continuously, peacefully, openly, and with the intent of ownership. Acquisitive prescription differs from extinctive prescription in that the former acquires the right, while the latter extinguishes the right.
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Sixth: Preemption, which is the right to forcibly acquire sold real estate from the buyer, provided that the person is a partner in the property or a neighbor to it, and preemption must be immediate.
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Seventh: Accession, which occurs when something owned by one person becomes attached to something owned by another, making it impossible to separate them, such as when someone builds on land owned by another.
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Eighth: Conditions and descriptions, which mean that the original real right is subject to a specific condition or description, such as the right of usufruct being limited to a certain period, or the right of habitation being limited to a specific person.
The phrase "unless there is a statutory provision to the contrary" means that these methods are the default for acquiring original real rights unless there is a statutory provision that dictates otherwise.
It should be noted that the provisions of this article apply to all original real rights, whether they are real estate or movable.
Related To
Article 28
A person who lawfully exercises his right shall not be held liable for any harm arising therefrom.