PRELIMINARY PROVISIONS

Art 414 All things which are or may be the object of appropriation are considered either:
1.
Immovable or real property; or
2.
Movable or personal property.
Whats a thing?

any object that exists and is capable of satisfying some human needs
includes both objects that are already possessed or owned and those that are susceptible of appropriation
more comprehensive term (than property), as there are things which are not susceptible of appropriation and
they are not included in the concept of property

Whats property?

refers to any thing which is already the object of appropriation or found in the possession of man

Requisites of property
1.
Utility
Capacity to satisfy some human wants
2.
Substantivity
Quality of having existence apart from any other thing
3.
Appropriability
Susceptibility of being possessed by man
Res communes or common things are not capable of appropriation in their entirety, although they may be
appropriated under certain conditions in a limited way, and thereby become property in law
o Electricity, oxygen, etc
Res nullius or a thing may have no owner because it has not yet been appropriated, or because it has been lost
or abandoned by the owner. it constitutes property as long as it is susceptible of being possessed for the use of
man
o Wild animals, hidden treasure
Things cannot be considered as property when they are not susceptible of appropriation because of