3 KINDS OF THINGS ACCORDING TO OWNERSHIP
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The discussion below is based on an outline by Paras (2008) in his book on
property law. Please check citation below. His books are available in fine
bookstores nationwide.
A thing is anything, but property is one capable of appropriation or already
appropriated by man. Therefore, a thing can be one belonging to someone
(property in the real sense), one belonging to everyone (thing in the real,
legal sense) and one belonging to no one (property or thing depending on
capability of being appropriated).
According to Paras (2008), there are three kinds of things, depending on the
nature of their ownership: [a] res nullius (belonging to no one); [b] res
communes (belonging to everyone); and [c] res alicujus (belonging to someone).
Below is an explanation for each.
RES NULLIUS. A thing that belongs to no one. "Res" means thing and "nullius"
means none.
[2] Things belonging to no one are either not yet appropriated or cannot be appropriated.
[3] If one abandons his property, it does not become a thing (does not become no longer property) because it continues to be capable of appropriation. On the other hand, the moon is both res nullius because no one owns it and res communes because it belongs to everyone.
[4] Note that under an international treaty on space exploration, the Philippines recognizes that space is no man's property and is subject to exploration by any government, but not to occupation.
[5] Wild animals are res nullius until and unless someone appropriates them. However, there are animals that, by law, cannot be caught or touched by anyone because of conservation laws protecting them.
[6] The energy from a collapsing star is res nullius and res communes but, the moment someone subjects it to the control of man by science, such energy or parts of it controlled can be considered res alicujus (in fact, personal property).
RES COMMUNES. A thing that belongs to everyone. "Res" means thing and "communes" means community. Actually, this should be "res communis."
While in particular no one owns common property, still in another sense, res communes are really owned by everybody in that their use and enjoyment are given to all of mankind. Examples would be the air we breathe, the wind, sunlight, and starlight.
[1] Things are no res communes by nature. They are res communes because humans have no choice but to considered them so. Sunlight, for example, cannot, as a whole, cannot be brought under the control of man by science; parts of it can be, though and, in this case, such would be considered personal property.
[2] The main test in determining whether something is res communes is human control. We cannot control the wind but one who captures wind and puts it in a container may sell them same and it would be considered property under the law.
RES ALICUJUS. A thing that belongs to someone. "Res" means thing and "alicujus" means some.
These are objects, tangible or intangible, which are owned privately, either in a collective or individual capacity. And precisely because they can be owned, they really should be considered “property.” Examples: your book, your shares of stock, your parcel of land.
[1] Res alicujus is property. Property is one that is not only under the control of man but is under appropriated (or can be appropriated).
[2] Property can be movable or immovable. This classification can only be used with reference to property.
[3] For example, the moon and the human body are obvious "movables" in a colloquial sense but, in a legal sense, they are neither movable nor immovable because they are not property.
SOURCE: Paras (2008). CIVIL CODE of the PHILIPPINES ANNOTATED By EDGARDO L. PARAS, † Litt. B., LL.B., LL.M., LL.D. Associate Justice Supreme Court of the Philippines (1986-1992). VOLUME TWO ARTS. 414-773 (PROPERTY). Rex Book Store. https://www.rexestore.com/law-library-essentials/537-civil-code-volume-ii-property.html
These things belong to no one, and the reason is that they have not yet been
appropriated, like fish still swimming in the ocean, or because they have been
abandoned (res derelictae) by the owner with the intention of no longer owning
them. Other examples include wild animals (ferae naturae), wild birds, and
pebbles lying on the seashore.
[1] Paras (2008)'s discussion above regarding res nullius may be incomplete.
[2] Things belonging to no one are either not yet appropriated or cannot be appropriated.
[3] If one abandons his property, it does not become a thing (does not become no longer property) because it continues to be capable of appropriation. On the other hand, the moon is both res nullius because no one owns it and res communes because it belongs to everyone.
[4] Note that under an international treaty on space exploration, the Philippines recognizes that space is no man's property and is subject to exploration by any government, but not to occupation.
[5] Wild animals are res nullius until and unless someone appropriates them. However, there are animals that, by law, cannot be caught or touched by anyone because of conservation laws protecting them.
[6] The energy from a collapsing star is res nullius and res communes but, the moment someone subjects it to the control of man by science, such energy or parts of it controlled can be considered res alicujus (in fact, personal property).
RES COMMUNES. A thing that belongs to everyone. "Res" means thing and "communes" means community. Actually, this should be "res communis."
While in particular no one owns common property, still in another sense, res communes are really owned by everybody in that their use and enjoyment are given to all of mankind. Examples would be the air we breathe, the wind, sunlight, and starlight.
[1] Things are no res communes by nature. They are res communes because humans have no choice but to considered them so. Sunlight, for example, cannot, as a whole, cannot be brought under the control of man by science; parts of it can be, though and, in this case, such would be considered personal property.
[2] The main test in determining whether something is res communes is human control. We cannot control the wind but one who captures wind and puts it in a container may sell them same and it would be considered property under the law.
RES ALICUJUS. A thing that belongs to someone. "Res" means thing and "alicujus" means some.
These are objects, tangible or intangible, which are owned privately, either in a collective or individual capacity. And precisely because they can be owned, they really should be considered “property.” Examples: your book, your shares of stock, your parcel of land.
[1] Res alicujus is property. Property is one that is not only under the control of man but is under appropriated (or can be appropriated).
[2] Property can be movable or immovable. This classification can only be used with reference to property.
[3] For example, the moon and the human body are obvious "movables" in a colloquial sense but, in a legal sense, they are neither movable nor immovable because they are not property.
SOURCE: Paras (2008). CIVIL CODE of the PHILIPPINES ANNOTATED By EDGARDO L. PARAS, † Litt. B., LL.B., LL.M., LL.D. Associate Justice Supreme Court of the Philippines (1986-1992). VOLUME TWO ARTS. 414-773 (PROPERTY). Rex Book Store. https://www.rexestore.com/law-library-essentials/537-civil-code-volume-ii-property.html
Res nullius (literally "nobody's property") is a Latin word that comes
from Roman private law) are not subject to the rights of any particular
subject. Such things are considered ownerless property and can be freely
acquired through possession.
Examples of res nullius in the socioeconomic sphere include wildlife
(ferae naturae) and abandoned property (res derelictae). Discovery is also
a means of possession (i.e., transfer of ownership), since something that
has been completely lost or abandoned is res nullius and therefore the
property of the person who originally acquired it. Specific laws can also
be made, for example about picking up garbage on beaches.
Res communis is a Latin word that comes from Roman law, which precedes
today's concepts of commons and the common heritage of mankind. It refers
to international law and customary law. In the 6th century AD, the Code of
Justinian codified relevant Roman law as follows: "Air, running water,
sea, and coasts are naturally common to man."
Examples of biological res communis include fish and mammals on the high
seas. The rules governing the use of Antarctica were based on res
communis, as well as the development of space law. This term can be
compared to res nullius, the concept of property without an owner. This is
related, for example, to terra nullius, the concept of unclaimed territory
that formed the basis for British settlement of Australia, despite it
being inhabited by indigenous peoples.
Property in the abstract sense is something that belongs to or is
associated with something, whether as an attribute or component of that
thing. In the context of this article, it is one or more components
(rather than attributes) of a person's property, whether physical or
intangible. or be co-owned or otherwise owned by an individual, a group or
a legal entity, such as a company or corporation.
Depending on the type of property, the owner of the property has the right
to consume, modify, divide, redefine, rent, mortgage, pledge, sell,
exchange, transfer, give away, destroy or allow others to do so. We have
the right to exclude you from this or even to renounce it. On the other
hand, regardless of the type of property, the owner has the right to use
it appropriately (as a durable good, means, element, etc.) or at least the
right to possess it exclusively. SOURCES: https://en.wikipedia.org/wiki/Res_nullius;
https://en.wikipedia.org/wiki/Res_communis;
https://en.wikipedia.org/wiki/Property