III A. Occupation

Question 1

What is Occupation?

Answer 1

Occupation is the acquisition of ownership by seizing corporeal thing that have no owner, made with the intention of acquiring them, and accomplished according to legal rules. (Paras, 2008) (1997, 2007 BAR)

Question 2

Requisites of Occupation

Answer 2

Requisites:

1. Thing must be res nullius – a thing which never had an owner or has no owner at the time of occupation;
2. Must be appropriable by nature or one that can be seized or apprehended;
3. Must be brought into the actual possession or control of the one professing to acquire it;
4. Person must acquire it with the intention of acquiring ownership.

(Rabuya, Civil Law Reviewer, 2017, p. 627)

Question 3

Possession v. Occupation (Bar Question 1997, 2000)

Answer 3

P:Apply to properties whether with or without an owner.
O: Applies only to property without an owner

P: Possession does not confer ownership.
O: Occupation confers ownership.

P: There can be possession without ownership.
O: There can be no occupation without ownership