1.

definition of Usufruct
2. Caucion Jauratoria
3. Obligations of usufructuary
4. Instances usufruct is excuse from giving bond or security
5. Extinguishment of usufruct
6. definition of eachment and chervichudes
7. Computation of period of possession/how computed easement be acquired by prescription
8. limitations upon the right of dominion to exercise acquired by title or prescription
9. requisites for one to be entitled for right of way
10. How shall be the period of prescription for acquisition of light and view be counted?
11. eachment of Light and View acquired (what distance) of he wanted to build a house
12. definition of attractive nuisance
13. Principle on Finders Keepers Rule
14. Donation Classification in consideration he rendered to (State Reason)
15. Explain then following DOnation Between husband and wife
16. Donation between husband and wife with void marriage
with respect to the donation of movable property
article 748 memorize
17. Intellectual Property about copyrights (literary works)

1. Definition of usufruct – Usufruct is defined as a real right, of temporary character, which

authorizes the holder to enjoy all the utilities of which result from the normal exploitation of the
property of another in accordance with its destination and which imposes the obligation of
restoring at the time specified the thing itself or its equivalent.

2. Caution Juratoria refers to the case contemplated by art. 587 whereby the usufructuary,
being unable to file the required bond or security, files a verified petition in the proper court
asking for the delivery of the house and furniture necessary for himself and his family without
any bond or security.

3. Obligation of a usufructuary – article 583. The usufructuary before entering upon the
enjoyment of the property, is obliged: (1) to make, after notice to the owner or his legitimate
representative, an inventory of all the property, which shall contain an appraisal of the
movables and a description of the condition of the immovables; (2) To give security, binding
himself to fulfill the obligations imposed upon him.

Alternative answer

Commencement of the usufruct: (1) to make an inventory; and (2) to file a bond.

During the usufruct: (1) to make the ordinary repairs on the property held in usufruct; (2) To
pay taxes which are imposed on the fruits of the property held in usufruct; (3) To notify the
owner of the need of urgent extraordinary repairs; (4) To pay the expenses, costs and liabilities
for suits involving the usufruct; (5) To notify the owner of any act of a third person that may be
prejudicial to the rights of the owner.

Termination of the usufruct: to deliver the thing in usufruct to the owner in the condition in
which he has received the same.

4. Instances when usufruct is excused from giving bond or security: (1) When no one
would be prejudiced thereby; (2) When the donor has reserved the usufruct of the property
donated; (3) In case of legal usufruct of the parents over the property of their children;
however in case the parents contract a second marriage or the value of the property exceeds
P2000, they are bound to give the security; and (4) When the owner or the title of usufruct
relieves him of that obligation.

5. Extinguishment of usufruct – Art. 603. Usufruct is extinguished: (1) By the death of the
usufructuary, unless a contrary intention appears; (2) By the expiration of the period for which
it was constituted, or by the fulfillment of any resolutory condition provided in the title creating
the usufruct; (3) By the merger of the usufruct and ownership in the same person; (4) By
renunciation of the usufructuary; (5) By the total loss of the thing in usufruct; (6) By the
termination of the right of the person constituting the usufruct; (7) By prescription.

6. Definition of Eachment and Chervitude – Art. 613. An easement or servitude is an

encumbrance imposed upon an immovable for the benefit of another immovable belonging to a
different owner.

7. Easement acquired by prescription – The time for counting the 10-year period required
by law in order to acquire a servitude by prescription will depend on whether the easement is
positive or negative. In positive easements from the day on which the owner of the dominant
estate, or the person who may have use of the easement, commenced to exercise it upon the
servient estate; and in negative easement, from the day on which the owner of the dominant
estate forbade, by an instrument acknowledge before a notary public, the owner of the servient
estate, from executing and act which would be lawful without the easement.

8. Limitations on Dominant owner – Art. 626. The owner of the dominant estate cannot
use the easement except for the benefit of the immovable originally contemplated. Neither can
he exercise the easement in any other manner than that previously established.

9. to be entitled to an easement of right of way, the following requisites should be

met:

1. The dominant estate is surrounded by other immovables and has no adequate outlet to a
public highway (Art. 649, par. 1);

2. There is payment of proper indemnity (Art. 649, par. 1);

3. The isolation is not due to the acts of the proprietor of the dominant estate (Art. 649, last
par.); and

4. The right of way claimed is at the point least prejudicial to the servient estate; and insofar as
consistent with this rule, where the distance from the dominant estate to a public highway may
be the shortest (Art. 650).

10. Art. 668. The period of prescription for the acquisition of an easement of light
and view shall be counted:

(1) From the time of the opening of the window, if it is through a party wall; or
(2) From the time of the formal prohibition upon the proprietor of the adjoining land or
tenement, if the window is through a wall on the dominant estate.

11. eachment of Light and View acquired (what distance) of he wanted to build a
house

It is permissible to build even up to the boundary line provided that no regular windows are
opened

If there are regular windows:

1. For windows having direct views, observe at least 2 meters distance between the wall having
the windows and the boundary line
2. For windows having side or oblique views, observe a distance of at least 50 centimeters
between the boundary line and nearest edge of the window

12. What is the doctrine of attractive nuisance?

One who maintains on his estate or premises an attractive nuisance without exercising due case
to prevent children from playing therewith or resorting thereto, is liable to a child of tender
years who is injured thereby, even if the child is technically a trespasser in the premises. (Jarco
Marketing Corp. v. CA, 117 SCAD 818, 321 SCRA 375 (1991)

13. Principle on Finders Keepers Rule

Art. 719: Whoever finds a movable, which is not treasure, must return it to its previous
possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the
city or municipality where the finding has taken place.

The finding - shall be publicly announced by the mayor for two consecutive weeks in the way lie
deems best.

If the movable cannot be kept without deterioration, or without expenses which considerably
diminish its value, it shall be sold at public auction eight days after the publication.

Six months from the publication having elapsed without the owner having appeared, the thing
found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as
the case may be to reimburse the expenses, (615a)

Art. 720: If the owner should appear in time, he shall be obliged to pay, as a reward to the
finder, one-tenth of the sum or of the price of the thing found. (616a)

(Caveat: di ko sure kung yan nga yung rule)

14. CLASSIFICATION OF DONATIONS

1. From viewpoint of motive, purpose or cause

a. Simple—the cause is pure liberality
b. Renumeratory—due to past services rendered or future services or charges and burdens
c. Onerous—burdens and charges equal to the value of the thing donated
d. Modal—consideration is less than the value of the thing donated
2. Time of taking effect
a. Inter vivos – To take effect independently of the donors death
b. Mortis causa – To be effective upon the death of the donor

15. Explain then following DOnation Between husband and wife

Art. 133 of the civil code - Every donation between the spouses during the marriage shall be
void. This prohibition does not apply when the donation takes effect after the death of the
donor.

Neither does this prohibition apply to moderate gifts which the spouses may give each other on
the occasion of any family rejoicing.

Art. 134 of the civil code - Donations during the marriage by one of the spouses to the children
whom the other spouse had by another marriage, or to persons of whom the other spouse is a
presumptive heir at the time of the donation are voidable, at the instance of the donor's heirs
after his death

Art. 87 of the Family code - Every donation or grant of gratuitous advantage, direct or indirect,
between the spouses during the marriage shall be void, except moderate gifts which the
spouses may give each other on the occasion of any family rejoicing. The prohibition shall also
apply to persons living together as husband and wife without a valid marriage