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Ownership vs. Possession Explained

Husband and wife have rights and obligations to each other that are protected under public policy. They have a right to live together, observe mutual respect and fidelity, and render mutual help and support such as helping raise children. The family home is exempt from forced sale except to pay taxes, debts incurred before marriage, or secured mortgages. Property refers to things that can be owned, both movable and immovable. Ownership is the right to enjoy and dispose of property while possession is physical control, and one can own property without possessing it.

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MaryGraceBolambaoCuyno
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8 views1 page

Ownership vs. Possession Explained

Husband and wife have rights and obligations to each other that are protected under public policy. They have a right to live together, observe mutual respect and fidelity, and render mutual help and support such as helping raise children. The family home is exempt from forced sale except to pay taxes, debts incurred before marriage, or secured mortgages. Property refers to things that can be owned, both movable and immovable. Ownership is the right to enjoy and dispose of property while possession is physical control, and one can own property without possessing it.

Uploaded by

MaryGraceBolambaoCuyno
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Rights and Obligations between Husband

and Wife
1. To live together;
- The husband and the wife have a
right to live together and this
includes cohabitation and sexual
intercourse.
2. To observe mutual respect and fidelity;
- Each shall respect the other. They
can disagree or reprimand each
other but it is unlawful for them to
inflict force or physical harm,
EXCEPT when either of them
SURPRISES the other in the act of
committing sexual intercourse with
another person.
3. To render mutual help and support.
- Husband does not marry his wife to
make the latter his slave and viceversa. They should help and
support each other within their
available resources and to see to it
that they assist each other in the
rearing of their children for civic
efficiency and development of
moral character.
THE FAMILY
Family a basic social institution which public
policy cherishes and protects. No custom,
practice or agreement which is destructive of
the family shall be recognized or given effect.
Family Home - the dwelling house where a
person and his family reside, and the land on
which it is situated. It is exempt from
execution, forced sale, or attachment. It is
liable only: (1) for non-payment of taxes; (2)
for debts incurred prior to the constitution of
the family home; (3) for debts secured by
mortgage on the premises before or after
such constitution; (4) for debts due to
laborers, mechanics, architects, builders,
materialmen and others who have rendered
service or furnished material for the
construction of the building.
-

PROPERTY
Things which are or may be the object of
appropriation. It refers to things which are
susceptible to appropriation and already
possessed and found in the possession of
man.

Principal Classification:
1. Immovable or Real

Real Property
Real Property
Real Property
Purpose
o Real Property
2. Movable or Personal
o
o
o

by Nature
by Incorporation
by Destination or
by Analogy

Ownership the right to enjoy and dispose of


a thing, without other limitations than those
established by law.
Limitations:
1. Limitations imposed by law:
Right of way
Easement of party wall
Easement of waters
2. Limitations imposed by the State:
Power of eminent domain
Police power
Power of taxation
3. Limitations imposed by the owner
himself such as those arising from a
contract of mortgage, pledge or lease.

What is the difference between


Ownership and Possession?
Ownership
whereas

signifies
possession

permanence
is

mostly

temporary. Actual possession means


physical control of a thing whereas
ownership means the name in the title
deed. Power and intention to control a
thing is important in the concept of
possession. Ownership is a guarantee
by

law

whereas

possession

is

physical control. Ownership does not


require possession. The buyer of a car,
who owns it, may lend it to a driver
who is said to be in possession of the
car. However, the possession of the car
by the driver does not entitle him to
ownership of the car.

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