chapter 1 Flashcards
(19 cards)
embraces everything which is or may be the subject of ownership.
Property
The term includes not only ownership and possession but also the right of use and enjoyment for lawful purposes
Property
The person in whom the ownership, dominion or title of property is vested
Owner
is the exclusive right of possessing, enjoying and disposing of a property
Ownership
What are the Modes of acquiring Ownership
Occupation
Intellectual Creation
Donation
Succession
Prescription
when ownership is acquired by occupation, the property seized is without aknown owner. For example, a person’s occupation is fishing or hunting
Occupation
by _________, the composer owns his musical compositions while the author owns his literary, legal, historical, scientific or other work.
Intellectual Creation
An act of liberality whereby a person disposes gratuitously of a thing or rightin favor of another, who accepts it.
Donation
______is a mode of acquisition by virtue of which the property, rightsand obligations to the extent of the value of the inheritance, of a person aretransmitted through his death to another.
Succession
By ______, one acquires ownership and other real rights through the lapse oftime in the manner and under the conditions laid down by law. In the same way,rights and actions are lost by prescription. The first is referred to as ‘acquisitive’prescription and the second as ‘extinctive’ prescription.
prescription
what are the two types of prescription
The first is referred to as ‘acquisitive’prescription and the second as ‘extinctive’ prescription.
Refers to the extinguishment of a legal right or claim due to the failure to exercise it within a certain period of time.
Extinctive Prescription
is about losing rights due to the lapse of time.
extinctive prescription
Refers to acquiring ownership or other real rights over property through the continuous, open, and uninterrupted possession of the property for a specified period of time, as required by law.
Purpose: It grants rights to the possessor.
Acquisitive Prescription
is about gaining rights
Acquisitive Prescription
Two of the Five modes of acquiring ownership as enumerated in the Civil Code are?
succession and donation.
is levied on the transmission of property from prior decedent to his heirs. Estate encompasses the totality of assets and liabilities a decedent owns at the time of his death.
Estate tax
is imposed as ownership of the property passes from the donor to the donee. As when a parcel of land is given gratuitously and accepted and in a public instrument.
Donor’s tax
What are the difference between the estate and donor’s tax
ESTATE TAX
- impose on privilege to transmit property upon death
-rate of tax is higher
- allowed to extend filing and paying
- exemption per tax is 200k
DONOR’S TAX
- impose on privilege to transmit property during lifetime
-rate of tax is lower
- No extension for filing and paying
- exemption per tax is 100k