RIGHTS AND OBLIGATIONS OF USUFRUCTUARY
What are the rights of the usufructuary as to the thing and its fruits? 1. To Receive the fruits of the property in usufruct and half of the hidden treasure he accidentally finds on the property...
View ArticleEASEMENT ON RIGHT OF WAY
What are the requisites for easement on right of way? 1. The easement must be established at the point least Prejudicial to the servient estate 2. Claimant must be an Owner of enclosed immovable or...
View ArticleJus Luminum and Jus Prospectus
What is easement of light (jus luminum)? The right to admit light from neighboring estate by virtue of the opening of a window or the making of certain openings. What is easement of view (jus...
View ArticleLaws on Deed of Donation
When is a donation perfected? Donation is perfected from the moment the donor knows of the acceptance by the donee (Art. 734, NCC). What are the requisites of donation? 1. Donor must have...
View ArticleWhat is Cash Surrender Value (Maceda Law)
Cash Surrender Value is the refund to the BUYER of the payments equivalent to fifty percent thereof and, after five years of installments, an additional five percent (5%) for every year but not to...
View ArticlePrescription: When Can an Unduly Excluded Heir Seek a New Settlement of the...
General Rule: An unduly excluded heir may seek a new settlement of the estate within two (2) years after the settlement and distribution of an estate. This issue was complehensively tackled in the...
View ArticleWhen is an action for RECONVEYANCE IMPRESCRIPTIBLE?
All action have their prescription periods; that is an indubitable fact. However in some case laws, the Supreme Court laid down decisions wherein an action for reconveyance cannot prescribe. They are...
View ArticleException to the Reliance on the Face of the Title of the Property (Good...
The general rule is: a buyer of registered and titled land need only show that he relied on the face of the title to the property. He need not prove that he made further inquiry for he is not obliged...
View ArticleHow Foreigners Can Acquire Land in the Philippines
1. The property was acquired during the 1935 Constitution. There was no prohibition yet on foreigners acquiring land in the Philippines. 2. The property was acquired through hereditary succession. The...
View ArticleIs An Action For Cancellation of Contract Necessary Before Filing an Unlawful...
NO. In the case TERESITA DIO vs. DRA. ROSALINDA MELO CONCEPCION (G.R. No. 129493, September 25, 1998), it was held that: Jurisdiction of a court over a specific case, as well as the nature of the...
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