PRESCRIPTION
A.
A. 1129. For the purposes of prescription, there is just
title when the adverse claimant came into possession
of the property through one of the modes recognized
by law for the acquisition of ownership or other real
rights, but the grantor was not the owner or could not
transmit any right.
1132. OWNERSHIP OF MOVABLES & PERSONAL PROPERTY;
When prescribes
A. 1132. The ownership of movables prescribes through
uninterrupted possession for four years in good faith.
The ownership of personal property also prescribes through
uninterrupted possession for eight years, without need of any other
condition.
With regard to the right of the owner to recover personal
property lost or of which he has been illegally deprives, as well as
with respect to movables acquired in a public sale, fair, or market, or
from a merchants store the provisions of Article 559 and 1505 of this
Code shall be observed.
OWNERSHIP OF MOVABLES
prescribes through
uninterrupted possession
for period of 4yrs
in GF
b.
A.
possession of 10years
1137. OWNERSHIP AND OTHER REAL RIGHTS OVER
IMMOVABLE PROPERTY; acquired without GF +Just Title
A. 1137. Ownership and other real rights over immovable also prescribe
through uninterrupted adverse possession thereof for thirty years,
without need of title or of good faith.
Requisites:
a. uninterrupted adverse possession
b. for a period of 30years
A. 1127. The good faith of the possessor consists in the
reasonable belief that the person from whom he received
the thing was the owner thereof, and could transmit his
ownership.
OWNERSHIP OF PERSONAL PROPERTY
prescribes through
uninterrupted possession
for period of 8yrs
RIGHT OF OWNER TO RECOVER PERSONAL
PROPERTY A. 559 (par. 2) and 1505 (par.1) shall be
observed
Personal property must have been
lost,
one of which owner was illegally deprived of
movables acquired in
public sale
fair
market
merchants store
A. 559. If the possessor of a movable lost or of which the owner
has been unlawfully deprived, has acquired it in good faith at a
public sale, the owner cannot obtain its return without reimbursing
the price paid thereof.
A. 1505. Subject to the provisions of this Title, where goods are
sold by a person who is not the owner thereof, and who does not
sell them under authority or with the consent of the owner, the
buyer requires no better title to the good than the seller had, unless
the owner of the goods is by his conduct precluded from denying
the sellers authority to sell.
A.
1134. OWNERSHIP AND OTHER REAL RIGHTS OVER
IMMOVABLE PROPERTY; acquired if with GF +Just Title
A. 1134. Ownership and other real rights over immovable property are
acquired by ordinary prescription through possession of ten years.
Requisites:
a. acquired by Ordinary Prescription (A. 1117, par.2)
A. 1117 Ordinary acquisitive prescription requires possession of things in
good faith and with just title for the time fixed by law
GF
Just title
ATDL Notes
PRESCRIPTION OF ACTIONS
A. 1140. Actions to RECOVER MOVABLES
A. 1140. Actions to recover movables shall prescribe eight years from the
time the possession thereof is lost, unless the possessor has acquired the
ownership by prescription for a less period, according to Article 1132, and
without prejudice to the provisions of Articles 559, 1505, and 1133.
GR: prescribes 8yrs from time possession is lost
XPN: unless possessor acquires ownership by prescription for less
period
according to A. 1132, and
without prejudice to provisions of A. 559, 1505 and A. 1133
A. 559
POSSESSION OF MOVABLE ACQUIRED IN GF
A. 559. The possession of movable property acquired in good faith
is equivalent to a title. Nevertheless, one who has lost any movable
or has been unlawfully deprived thereof, may recover it from the
person in possession of the same.
If the possessor of a movable lost or of which the owner has
been unlawfully deprived, has acquired it in GF at a public sale, the
owner cannot obtain its return without reimbursing the price paid
therefore.
A. 1133
MOVABLES POSSESSED THROUGH A CRIME Offender
can never acquire ownership through prescription.
A. 1133. Movables possessed through a crime can never be
acquired through prescription by the offender.
A. 1141. REAL ACTIONS over IMMOVABLES
A. 1141. Real actions over immovable prescribe after thirty years.
This provision is without prejudice to what is established for the acquisition
of ownership and other real rights by prescription.
A. 1144. BROUGHT within 10yrs
A. 1144. The following actions must be brought within ten years from the
time the right of action accrues:
(1) Upon a written contract;
(2) Upon an obligation created by law;
(3) Upon a judgment.
A. 1145. COMMENCED within 6yrs
A. 1145. The following actions must be commenced within six years:
(1) Upon an oral contract;
(2) Upon a quasi-contract;
A. 1146. INSTITUTTED within 4yrs
A. 1505 (1st par.)
GOODS SOLD BY PERSON
= xOwner, xAuthority, xConsent of Owner
A. 1505. Subject to the provisions of this Title, where goods are
sold by a person who is not the owner thereof, and who does not
sell them under authority or with the consent of the owner, the
buyer requires no better title to the good than the seller had, unless
the owner of the goods is by his conduct precluded from denying
the sellers authority to sell.
A. 1146. The following actions must be instituted within four years:
(1) Upon an injury to the rights of the plaintiff;
(2) Upon a quasi-delict.
A. 1147. FILED within 1yr
A. 1147. The following actions must be filed within 1 year:
(1) For forcible entry and detainer;
(2) For defamation
ATDL Notes
