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Showing posts from April, 2024

Property: Ownership, In General

 Title II. — OWNERSHIP  Chapter 1   OWNERSHIP IN GENERAL  Art. 427. Ownership may be exercised over things or rights .  1. ‘Ownership’ Defined Ownership is the independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery , subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law.  PNB v. CA 84 SCAD 209 (1997)   Under Art. 428, the owner has the right to dispose of a thing without other limitations than those established by law.  As an incident of ownership, therefore, there is nothing to prevent a landowner form donating his naked title to the land.   However, the new owner must respect the rights of the tenant.  Sec. 7 of RA 3844 , as amended (Code of Agrarian Reforms of the Philippines) gives the agricultural lessee the right to work on the landholding once the leasehold re...

Commercial Law: The Warehouse Receipts Law (Act No. 2137, as amended)

Commercial Law:  The Warehouse Receipts Law (Act No. 2137, as amended) Introduction Scope of the law   The Warehouse Receipts Law is a full and complete treatise on the subject.  It covers all warehouses , whether public or private , bonded or not.   Thus, it has been held to be applicable to warehousemen licensed under Act No. 3893 (as amended by R.A. No. 247.), known as the General Bonded Warehouse Act , of special application to those engaged in the business of receiving commodities (e.g., palay and rice) for storage. When Civil Code applicable Act No. 2137 It applies to warehouse receipts issued by a warehouse man as defined in Section 58(a) of the Act, Civil Code It applies to other cases where the receipts are not issued by a warehouse man as defined in said section. Purposes of the law The law has been enacted: To regulate the status, rights, and liabilities of the parties in a warehousing contract; To protect those who, in good faith and for value,...