Tradition 

is a derivative mode by virtue of which they are transmitted from the patrimony of
the grantor to that of the grantee by means of a just title, there being both the intention and
Modes of Acquiring Ownership the capacity on the part of both parties.
Its requisites are:
attyrcd / April 9, 2014
DIFFERENT MODES OF ACQUIRING OWNERSHIP 1. Right to be transmitted should have previously existed in the patrimony of the
Real right (jus in re) is a right belonging to a person over a specific thing, against whom such grantor.
right may be personally enforced, whille personal right (jus ad rem) is a right belonging to a 2. Transmission should be by virtue of a just title.
person to demand from another, the fulfillment of a prestation to give, to do or not to do. 3. Grantor and grantee should have the intention and the necessary capacity to
Modes of acquiring ownership and other real rights: transmit and to acquire.
1. Occupation 4. Transmission should be manifested by some act which may be physical, symbolical
2. Intellectual creation or legal.
3. Prescription
4. Law Kinds of tradition:
5. Donation
6. Testate and instestate succession
7. In consequence of certain contracts, i.e., tradition. 1. Real is by delivery or transfer of a thing from hand to hand if it is movable, or by
certain material and possessory acts of the grantee performed in the presence and
with the consent of the grantor if it is immovable.
The first 3 are original and the last four are derivative. Original if the ownership is created for 2. Constructive is by delivery of a movable or immovable thing by means of acts or
the first time in the person of an individual who has no predeccessor with respect to the signs thereof. This delivery may take place in the following ways:
title, and it is derivative if the ownership is merely transferred from one individual to a. Traditio symbolica is by delivery of a symbol representing the thing which is
another. delivered, such as the key to a warehouse.
b. Traditio longa manu by the grantor pointing out to the grantee the thing which is
In law, independently of the other modes, automatically and directly vests the ownership of delivered which at the time must be withing sight.
the thing in a certain individual once the prescribed requisites or conditions are present or c. Traditio brevi manu is when the grantee is already in possession of the thing under
complied with. a title which is not of ownership, such as when the lessee purchases from the lessor
the object of the lease.
d. Traditio constitutum possessorium by the grantor alienates a thing belonging to
Examples:
him, but continues in possession thereof under a different title, such as that of a
lessee, pledgee or depositary.
1. Hidden treasures which a stranger discovers by chance on another’s property. Hence, 1/2
of the treasure belongs by right of occupation to the stranger, while the other half belongs
3. Quasi-tradicion is used to indicate the exercise of a right by the grantee with the
by operation of law to the proprietor. (Art. 438)
acquiescence of the grantor, such as delivery which may be made by the execution of a
public instrument with respect to incorporeal property. (See Art. 1501)
2. Fruits naturally falling from a tree upon adjacent land. Here, the ownership of the fruits is
vested automatically in the owner of the adjacent land. (Art. 681)
4. Tradicion por ministerio de la ley is delivery which takes place by operation of law, such as Kinds of donations:
by the registration of a deed of transfer of titled land which is also the operative act in order
to bind innocent persons in such deeds.
AS TO EFFECTIVITY –

OCCUPATION
1. Donation inter vivos are those which take effect independently of the donor’s death.
(Arts. 713-720)
Occupation is a mode by the seizure of corporeal things which do not have an owner with
the intention of acquiring them and in accordance with the rules prescribed by law. a. Simple

Its requisites are: b. Remunerative is where a person gives to another on account of services rendered by the
latter to the former, provided that they do not constitute a demandable debt.
1. There must be a seizure or apprehension.
2. The thing seized must be corporeal. c. Onerous is where a person gives to another in consideration of demandable debt.
3. The thing seized must be without any owner.
4. There must be an intention to acquire ownership over the things.
2. Donation mortis causa are those which are effective upon the donor’s death and must
5. There must be compliance with the rules prescribed by law.
therefore be governed by the rules of testamentary succession. (Art. 728) Thus, the donation
is revocable at will. (Q3, 1990 Bar)
INTELLECTUAL CREATION
(Arts. 721-724)
Characteristics of a donation mortis causa:
Intellectual creation is a mode by virtue of which the author acquires intellectual property or
ownership over the products of his intellect, with the consequent power to authorize or
refuse publication or production of such products. a. Convey no title or ownership to the transferee before the death of the transferor.
b. That before his death, the transfer should be revocable by the transferor at will, ad
nutum.
DONATION
c. The transfer should be void if the transferor should survive the transferee.
(Arts. 725-773)
Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in
favor of another, who accepts it. (Art. 725) It is when the gift imposes upon the donee a The right to dispose of some of the things donated, or of some amount which shall be a
burden which is less than the value of the thing given. (Art. 726) charge thereon, may be reserved by the donor; but if he should die without having made use
of this right, the property or amount reserved shall belong to the donee. (Art. 755) (Q3, 1990
Bar)
Its requisites:

AS TO PERFECTION OR EXTINGUISHMENT –
1. Decrease or reduction of the patrimony of the donor.
2. Increase the patrimony of the donee.
3. Intent to make a donation. (Animus donandi) 1. Pure donations are those which are immediately demandable.
 2. Donation with a condition are those whose effectivity are subordinated to the
fulfillment or non-fulfillment of a future and uncertain fact or event.
3. Donation with a term are those whose effectivity or extinguishment is subject to the
expiration of a term or period.

The donation inter vivos is perfected from the moment the donor knows of the acceptance
by the donee. (Art. 734)

In order that a person can make a donation, 3 requisites are necessary. They are:

1. Capacity to enter into contracts.

In order that a person can accept a donation, only one requirement is necessary, that, he
must not be prohibited or disqualified by law from accepting the donation.

Donor’s capacity shall be determined as of the time of the making of the donation. (Art. 737)

The following donations are prohibited by law, among others:

1. Those made by persons who were guilty of adultery or concubinage at the time of
the donation.
2. Those made between persons found guilty of the same criminal offense, in
consideration thereof.
3. Those made to a public officer or his wife, descendants and ascendants, by reason
of his office. (Art. 739)
4. Those made by a ward to the guardian before the final accounts of the guardianship
have been approved, unless the guardian is an ascendant, descendant, brother or
sister.
5. Those made by the spouses to each other during the marriage, or to the persons of
whom the other spouse is a presumptive heir.