ROMAN LAW LAW ON PERSONS

Roman law, once a staple in the Philippine legal CHILDREN AND MARRIAGE
curriculum, played a crucial role in shaping civil law. The Unborn Child: From conception, an unborn child is
Institutiones, an essential Roman legal text, provided considered to have a status distinct from the mother. If
the foundational structure, definitions, distinctions, and the mother is free at the time of conception but
provisions that influenced the Civil Code. It offered becomes a slave before the birth, the child is still
explanations and illustrations to help students considered freeborn. This principle ensures that an
understand civil law. unborn child is not prejudiced by the mother’s
misfortune.
Roman law classified itself into public law (jus publicum) Paternal Control: Children born in wedlock are under
and private law (jus privatum). Public law regulated the control of the father. Emancipation liberates
government functions, while private law determined children from parental authority.
individual rights and duties. Marriage (Wedlock): Defined as the union of male and
female, involving daily life interaction. The age of
Private Law Divisions: puberty must be reached to marry. Parental consent is
Book I: The Law of Persons (De Jure Personarum): required for dependent children.
Covered personal and juridical capacity, marriage, Forbidden Marriages: Marriages between ascendants
adoption, and guardianship. and descendants (e.g., father-daughter) are criminal and
Book II: The Law of Things (De Rerum Divisione): incestuous. These prohibitions extend to adopted
Addressed property ownership, possession, usufruct, individuals. Collateral relations (e.g., brother-sister) also
servitude, inheritance, and wills. face restrictions, but cousins can marry.
Books III and IV: The Law of Actions (De Actionibus):
Included obligations and contracts arising from GUARDIANSHIP
contracts, quasi-contracts, and delicts or crimes. Definition: Authority and control over a free person.
Parents can appoint guardians in their will for children
Roman jurists developed what became known as civil under puberty.
law, governing contracts, trade, commerce, property, Guardian Restrictions: A lunatic or minor appointed as a
occupancy, warranty, mortgages, marriage, and divorce. guardian cannot act until they regain faculties or reach
These elements of Roman law remain central to the civil 25. Guardians cannot be appointed for specific matters
law codes of many countries. but must cover all personal duties.
Guardian Responsibilities: Guardians must provide
security to prevent property mismanagement. Minors
ON THE NATURE OF LAW cannot sell property or lend money without guardian
The precepts of law are to live honestly, to injure no authority; unauthorized transactions are void and
one, and to give every man his due, which embodies recoverable.
justice. The study of law is divided into two branches:
public law, which concerns the welfare of the State, and
private law, which pertains to individual citizens. LAW ON PROPERTY

Laws are governed by statutes that are either peculiar to KINDS OF OWNERSHIP
each state (civil law) or common to all mankind (law of Private Ownership: Acquired by various titles for
nations). The law of nations is based on natural reason individual use.
and is observed universally as required by the Public Ownership: For common use, such as air, water,
necessities of human life. This common nature is the sea, seashore, rivers, harbors, and river banks. The
foundation for mutual contracts such as sale, hire, public can use these areas freely, but the banks belong
partnership, deposit, and loans for consumption. to the adjoining landowners.
Corporate Ownership: Belonging to a society or Weaving and Mixtures: Integrated valuable materials
corporation, including buildings, theaters, and (e.g., dye in cloth) belong by accession, allowing the
racecourses. former owner to claim theft or damages.
Res Nullius: Things belonging to no one, often sacred or Mutual Consent Mixing: Mixed materials (e.g., wine,
prohibited objects. metal) belong in common if mixed by consent or
accident.
OWNERSHIP OF ANIMALS
Wild Animals: Becomes property of the captor once Building and Writing:
caught. If the animal escapes and regains natural liberty, Building on Another's Land: Buildings are considered
it ceases to be owned and can be captured by someone part of the land, but if the owner refuses to pay for
else. materials, the builder in good faith can plead fraud.
Bees and Birds: Considered wild until hived or nesting Paintings and Writing: A painting on another's board
on one's property. belongs to the painter. The board's owner can plead
Domesticated Animals: Animals with habits of returning fraud if the painter refuses to pay for the board.
to one's property are considered owned. Fowls and
geese are not naturally wild, and taking them is Treasure Finding:
considered theft. Ownership: Treasure found on one's land belongs to the
Finders Keepers: Precious stones and other items found finder. If found on another's land by accident, half
on the seashore become the property of the finder. belongs to the finder. If found on public land, half
Offspring: The offspring of owned animals are also belongs to the finder and half to the State.
considered the property of the owner.

RIGHT OF ACCESSION LAND TITLE

Accretion and Alluvion: Transfer of Ownership:
Alluvion: Gradual accumulation of soil added to one's Ownership of a thing sold and delivered is not
land by a river is considered appropriated by the transferred to the purchaser until the price is paid or
landowner. otherwise satisfied (e.g., securing liability or pledging).
Avulsion: If a stream violently moves a portion of land to
another's property, it remains the original owner's until Good Faith Purchase:
firmly attached. If land is bought in good faith from a non-owner, the
purchaser keeps the gathered fruits for their care and
New Land Formation: cultivation. The original owner can't claim consumed
Island Formation: An island emerging in the sea belongs fruits, but this does not apply if the purchaser knew the
to the first occupant. If an island forms in a river, it land wasn't theirs. The usurper must return the land and
belongs to landowners proportionately if in the middle, compensate for consumed fruits.
or to the nearest landowner if closer to one bank.
Changing River Channels: Land turned into an island by
a river dividing and rejoining retains its ownership. An USUFRUCTUARY RIGHTS
old river channel becomes private property if Usufruct: The right to use and take fruits from another’s
abandoned, and the new one public. If the river reverts property, ending with property destruction,
to the old channel, the new channel returns to private usufructuary’s death, loss of status, misuse, or non-
ownership. exercise within legal limits.
Gathering Fruits: Fruits belong to the owner until
Ownership and Creation: gathered by the usufructuary. Young animals are
Materials and Creation: A new object belongs to the considered "fruits," and usufructuaries must replace
materials' owner or the maker if mixed materials are dead animals or plants from the property.
used. Responsibility: Usufructuaries must manage the
property diligently, like a careful head of the family.
SERVITUDES name written by the testator or witnesses, and
Country Estates: adherence to these requirements.
Iter: Right of passage.
Actus: Right to drive animals or vehicles. Duplicates and Oral Wills: Multiple duplicates can be
Via: Right to go, walk, and drive anything. executed with the same formalities. Oral wills can be
Aquaeductus: Right to conduct water over another’s declared with seven witnesses for civil law binding.
land.
Incapacities: Minors, lunatics (except during lucid
Town Estates: intervals), and interdicted spendthrifts cannot make
Obligations to support a neighbor’s house, allow beams wills. Deaf and dumb individuals may be permitted
in one's wall, receive rainwater, or prevent a neighbor under specific conditions. A will remains valid despite
from raising their building to obstruct light. subsequent incapacities.

OCCUPATION AND POSSESSION HEIR AND DISINHERITANCE

Occupation: Heir Institution: Testators must either institute heirs or
Abandoned Property: If someone takes possession of a disinherit them to prevent invalidation. Post-will birth of
property that was abandoned with deliberate intent by a family heir invalidates the will.
its previous owner, they immediately become the new
owner. Children and Descendants: Succession applies equally to
sons, daughters, and all descendants. If a nearer heir
Possession: predeceases the testator, their descendants inherit.
Good Faith Acquisition: A person who, in good faith,
buys or receives property from someone who is not its CONDITIONS AND SUBSTITUTIONS
owner but believed to be so can acquire ownership by Impossible Conditions: Deemed unwritten, making the
possession. Movable property requires three years of disposition absolute. Conjunctive conditions must all be
possession, while immovable property requires ten met, while alternative conditions require only one to be
years if within one province, and twenty years if satisfied.
covering different provinces.
Substitutions: Testators can institute heirs and make
Successive Possession: If a person dies in good faith numerous substitutions.
possession, their heir or successor continues the
possession period. However, items acquired by theft or REVOCATION AND RESCISSION
violence cannot be owned through possession, even if Revocation: Valid until revoked by a new will, birth of a
possessed in good faith. rightful heir, or fulfillment failure by the instituted heir.

DONATION Rescission: Occurs if the heir declines, predeceases the

Types of Gifts: Gifts can be made in contemplation of testator, or fails a condition.
death or not. If the donor survives or revokes the gift
due to ingratitude or failure of marriage consideration, LEGACIES: A legacy may be given not only to things
the gift should be returned to the donor. belonging to the testator, but also to things belonging to
a third person, the heir being bound by the will to buy
and deliver them to the legatee, or to give him their
WILLS AND SUCCESSION value if the owner is unwilling to sell them. If the thing
which a
WILLS (TESTAMENTUM) testator bequeaths is under pledge to a creditor, the
Formalities: Valid wills must meet several conditions: heir is obliged to redeem it.
witness presence throughout execution, testator and
witness signatures, exact witness number, sealing, heir's BEQUESTS: A thing that does not yet exist, but will exist,
may be validly bequeathed. If the person can be
 ascertained in other ways, a mistake in the name is
immaterial. Closely akin to this rule is that an
erroneous description of the thing bequeathed does
not invalidate the bequest