Distinguish the Following Concepts Possession v Occupation
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Distinguish the following concepts possession v occupation Answer Occupation can take placeonly with repect ot property witout an nowner while possession can refer to all kids ofproperty, whether with owner or withut owner. Occupation itself, wen prper confers ownersihp but pssession does not by itself give rise to ownership. b. Illegal and impossible ocnditionsin a simple donation v illegal and impossible conditions in an onerous donation (5%) Answer Illegal and impossible conditions in a simple donation are onsidered as not written. Such conditios shall, therefore, be disregarded but the donation remains valid (Article 727 NCC). On the other hand, illegal and impossible conditions imposed in an onerous donation shall annul the donation (Article 1183 NCC). This is so, because onerous donations are governed by the law on contracts (Article 733 ncc). II (10%) Manila Petroleum co. owned and operated a petroluem operation facility off the coast of Manila. The facility was located o a floating platform ade of wood and metal, upon which waspermanenty attached the heavy equipment for the petroleum operations and living quarters of the crew. the floating platform likewise ocntained a garden area, where trees, plants and flowers were planted. The platform was tethered to asip, the MV 101, which was anchored to the seabed.
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Transcript of Distinguish the Following Concepts Possession v Occupation
Distinguish the following concepts possession v occupation
Answer
Occupation can take placeonly with repect ot property witout an nowner while possession can refer to all kids ofproperty, whether with owner or withut owner. Occupation itself, wen prper confers ownersihp but pssession does not by itself give rise to ownership.
b. Illegal and impossible ocnditionsin a simple donation v illegal and impossible conditions in an onerous donation (5%)
Answer
Illegal and impossible conditions in a simple donation are onsidered as not written. Such conditios shall, therefore, be disregarded but the donation remains valid (Article 727 NCC).
On the other hand, illegal and impossible conditions imposed in an onerous donation shall annul the donation (Article 1183 NCC). This is so, because onerous donations are governed by the law on contracts (Article 733 ncc).
II
(10%)
Manila Petroleum co. owned and operated a petroluem operation facility off the coast of Manila. The facility was located o a floating platform ade of wood and metal, upon which waspermanenty attached the heavy equipment for the petroleum operations and living quarters of the crew. the floating platform likewise ocntained a garden area, where trees, plants and flowers were planted. The platform was tethered to asip, the MV 101, which was anchored to the seabed.
a. Is the platform movable or immovable property?
Answer
Theplatformisan immovable proerty under article 415 part 9 ncc, which provides that “docks and structures which, though floating, are intednded by the nature and object to remain at a fixed place on a river , lake or caost.” Since the floating platform is aperoleum operation facility it is intended to remain permanently where it is situated, even if it is tethered to aship which is anchored to the seabed.
b. Are the q=equipment and living quartersmovable or immovable proeprty?c. Answerd. B. the equipment and living waurters of the crew are immovable prpeorty under article 415 par
3 nccc, classifies as an immovable ‘everything attached to animmovable in a fixed manner, in such a way that it cannot be separated thereform without breaking the mtrerial or deterioation of te objtect.” Both the equipment and the livin gquarters are permanently attached to the platform which is also an immovable.
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