 INTRODUCTION TO LAW (The General Nature of Law)

 Meaning of LAW - any rule of action or any system of uniformity.

 2 General Division of Law

a) State Law (in the strict legal sense) - which is promulgated by the state. Law that is promulgated, which
has binding force. These are municipal law, civil law and imperative law
b) Law (in the non-legal sense) - which is not promulgated and enforced by law. Divine Law, Natural Law,
Moral Law and Physical Law.
1. Divine law- is the law of religion and faith
2. Natural Law- defined as the divine inspiration in man of the sense of justice, fairness and righteousness,
not by divine revelation or formal promulgation, but by internal dictates of reason alone.
3. Moral Law- totality of the norms of good and right conduct growing out of collective sense of right and
wrong of every community. It is the determination of right and wrong
4. Physical Law- In the operation or course of nature, there are uniformities of actions and orders of
sequence, which are the physical phenomena that we sense and feel. They are known as “laws of
physical science or physical law”

 2 Concept of State Law

a. General or Abstract Sense- the term refers o all the laws taken together. It may be defined as “the mass of
obligatory rules established for purpose of governing the relations of person in society”

b. Specific Sense- defined as “the rue of conduct, just obligatory, promulgated by legitimate authority and
common observance and benefit”. E.g. the law on obligations and contracts.

 Characteristics of Law
1. It is a rule of conduct- what shall be done and what shall not.
2. It is obligatory- law is considered a positive command imposing a duty to obey and involving sanctions.
3. It is promulgated by legitimate authority
4. It is of common observance and benefit

 The Sources of Law

1) Constitution- “the written instrument by which the powers of the government are established”. it is often referred
to as “fundamental law”, “supreme law”, “Highest Law of the land” because it is promulgated by the people
themselves.
2) Legislation- declaration of legal rules by the competent authority. It is he prepoderant source of law, also called
as enacted or statute law.
3) Administrative or Executive orders, regulations and rulings- issued by administrative officials under legislative
authority. They clarify or explain the law
4) Judicial decisions or Jurisprudence- the decisions of the courts, particularly the supreme courts applying and
interpreting the law.
5) Customs- “it consists of those habits and practices which through long and uninterrupted usage have become
acknowledged an approved by the society binding the rules of conduct”. Must be proved as fact according to the
rules of evidences.
6) Other sources- they are only supplementary and not binding on the courts.

 Rules in case doubt in interpretation or applications of laws.

- “no judge or court shall decline to render judgement by reason of silence, obscurity or insufficiency of the laws”

 Organization of the courts

- Under the constitution, the judicial power or the power to decide actual cases and controversies involving the
interpretation and application of law is “vested in the Supreme Court”. The judiciary is one of the 3 main division of
power in our system of government.

1. Regular Courts- present legislation, the other courts are: Court of Appeals, Regional Trial Court,Metropolitan Trial
court

2. Special courts- special anti-graph court, the sandigan bayan, court tax appeals- a special tax court created by law

3. Quasi-Judicial Agencies- administrative bodies under executive branch performing quasi-judicial functions like
National Labor Relations Commision, SEC, LTFRB, CSC, COMELEC. They involve also settlements of adjudification

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 OBLIGATIONS AND CONTRACTS

I. GENERAL PRINCIPLES

A. Meaning of Obligation
B. Classification of Obligations

1. Civil Obligations (Article 1156 NCC)

2. Natural Obligations (Article 1423)
3. Moral Obligations

Article1423
Obligations are Civil or Natural. Civil obligations give a right of action to compel their performance. Natural
obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their
performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or
rendered by reason thereof. Some natural obligations are set forth in the following articles.

CIVIL OBLIGATION-Article 1156 of the New Civil Code:

“An obligation is a juridical necessity to give, to do or not to do.”

I. GENERAL PRINCIPLES
C . Elements of Obligations
1. Active Subject – creditor/obligee
2. Passive Subject – debtor/obligor
3. Prestation – subject matter of the obligation
4. Vinculum Juris/Legal Tie/Efficient cause – juridical tie or source of obligation

Payment of debt
Obligor?
Obligee?
Prestation?
Vinculum Juris?

II. SOURCES OF OBLIGATION

Article 1157. Obligations arise from:

1. Law;
2. Contracts;
3. Quasi-Contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts.

1. LAW
Article 1158
Obligations derived from law are not presumed. Only those expressly determined in this Code or in special
laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has
not been forseen, by the provisions of this book.

2. CONTRACTS
Article 1159
Obligations arising from contracts have the force of law between the contracting parties and should be
complied with in good faith

Article 1305
A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to
give something or render some service.

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3. QUASI-CONTRACTS
Article 1160
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this
Book.

Article 2142
Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that
no one shall be unjustly enriched or benefited at the expense of another.

Article 2165
When funeral expenses are borne by a third person, without the knowledge of those relatives who were
obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim
reimbursement.

 Negotiorum Gestio (Article 2144)

Whoever voluntarily takes charge of the agency or management of the business or property of another,
without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or
to require the person concerned to substitute him, if the owner is in a position to do so. This juridical relation does not
arise in either these instances:

1. When the property or business is not neglected or abandoned;

2. If the fact the manager has been tacitly authorized by the owner.
In the first case, the provisions of Articles 1317, 1403 No.1 and 1404 regarding unauthorized contracts shall govern.In
the second case, the rules of agency in Title X of this Book shall be applicable

 Solutio Indebiti (Article 2154)

If something is received when there is no right to demand it, and it was unduly delivered through mistake, the
obligation to return it arises.

4. DELICTS
Article 1161
Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions
of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII
of this Book, regulating damages.

REVISED PENAL CODE

Article 100. Civil liability of a person guilty of felony – Every person criminally liable for a felony is also civilly liable.

Article 104. What is included in civil liability – The civil liability established in Articles 100, 101, 102, and 103 of this
code includes:
1. Restitution
2. Reparation of the damage caused;
3. Indemnification for consequential damages

5. QUASI-DELICTS
Article 1162
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by
special laws

Article 2176
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is
called a quasi-delict and is governed by the provisions of this Chapter

Article 2177
Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil
liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act
or omission of the defendant.

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Requisites of quasi-delict
1. There must be an act or omission;
2. There must be fault or negligence
3. There must be damage caused;
4. There must be a direct relation or connection of cause and effect between the act or omission and the damage; and
5. There is no pre-existing contractual relation between the parties

DIFFERENCE BETWEEN CRIME AND QUASI-DELICT

CRIME
- There is malicious intent
- Purpose:punishment
- Affects public interest
- Generally 2 liabilities: Civil and criminal
- Cannot be compromised or settled by party themselves
- Guilt must be prove beyond reasonable doubt

QUASI DELICT
- There is only negligence
- purpose: indemnification
- Concerns private interest
- liability: only civil liability
- Can be compromised as any other civil liability
- Proved by preponderance of evidence

 Nature and Effects of Obligations

Article 1163
▪ Every person obliged to give something is also obliged to take care of it with proper diligence of a good
father of a family, unless the law or the stipulation of the parties requires another standard of care

Either:
▪ A specific or determinate thing – particularly designated or physically segregated from others of the same class.
(Article 1459)
- Identified by its individuality

Article 1244.
The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the
same value as, or more valuable than that which is due.
In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance
against the obligee’s will.

▪ Generic or indeterminate thing – refers to class or genus to which it pertains and cannot pointed out with
particularity.
-Identified only by its specie

Article 1246.
When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and
circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor
deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into
consideration.

Article 1163
▪ Every person obliged to give something is also obliged to take care of it with proper diligence of a good
father of a family, unless the law or the stipulation of the parties requires another standard of care

 DUTIES OF THE DEBTOR

Determinate/Specific Thing
1. Preserve or take care of the thing
2. Deliver the fruits of the thing
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3. Deliver the accessions and accessories
4. Delivery the thing itself
5. Answer for damages in case of non-fulfillment or breach

Indeterminate/Generic Thing
1. To deliver a thing which is of the quality intended by the parties taking into consideration the purpose of the
obligation and other circumstances

2. To be liable for damages in case of fraud, negligence or delay, in the performance of his obligation, or contravention
of the tenor thereof.

 What are the duties of the debtor in obligation to give a determinate thing?
1. Preserve or take care of the thing
▪ Diligence of a good father of a family = ordinary care

▪ “unless the law or the stipulation of the parties requires another standard of care” = slight or extraordinary
diligence

 What other things to consider in the kind of diligence required?

▪ the nature of the obligation
▪ corresponds with the circumstances of the person, of time and of place

 What is the importance of knowing the diligence required?

Article 1173.
The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature
of the obligation and corresponds with the circumstances of the persons, of the time and of the place.

If the law or contract does not state the diligence which is to be observed in the performance, that which is
expected of a good father of a family shall be required. (accessory obligation)

 What other things to consider?

General Rule: debtor is not liable if his failure to preserve the thing is not due to his fault or negligence but
to fortuitous events or force majeure.
Exception: when expressly specified by the law, or when it is otherwise declared by stipulation, or when the
nature of the obligation requires the assumption of risk
(Article 1174 of the NCC)

Article 1174.
Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the
nature of the obligation requires the assumption of risk, no person shall be responsible for those which, could not be
foreseen, or which, though foreseen, were inevitable. (FORTUITOUS EVENTS)

 The reason behind debtor’s obligation

Without the accessory duty to take care of the thing, the debtor would be able to afford being negligent and
he would not be liable even if the property is lost or destroyed, thus rendering illusory the obligation to give (8 Manresa,
35-37)

 DUTIES OF OBLIGOR IN DELIVERING A DETERMINATE THING

ARTICLE 1164
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he
shall acquire no real right over it until the same has been delivered to him.

KINDS OF FRUITS
1. Natural Fruits – spontaneous products of the soil, and the young and other products of animals
2. Industrial Fruits – produced by lands of any kind through cultivation of labor
3. Civil Fruits – those derived by virtue of a juridical Relation

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 RIGHT OF CREDITOR TO THE FRUITS
▪ From the time the obligation to make delivery arises
▪ Intention of law: to protect the interest of the obligee should the obligor commit delay purposely
or otherwise, in the fulfillment of his obligation

 When does the obligation to deliver the fruit arises?

General Rule: from the time of the “perfection of the contract” (birth of the contract or to the meeting of the
minds between the parties)

Exceptions:
1. Suspensive condition or period – arises upon fulfillment of the condition or arrival of the term, unless parties
made a stipulation to the contrary

Exc to Exc. In a contract of sale, the obligation arises from the perfection of the contract even if the obligation is
subject to a suspensive condition or a suspensive period where the price has been paid.

2. Obligations arising from law, quasi-contracts, delicts and quasi-delicts, the time of performance is determined by the
specific provisions of the law applicable.

 PERSONAL RIGHT vs REAL RIGHT

1. Personal right – right or power of a person (creditor) to demand from the another (debtor), as a definite passive
subject, the fulfillment of the latter’s obligation to give, to do, or not to do

- There is definite active subject and a definite passive subject.

- Binding or enforceable only against a particular person.

2. Real right – right or interest or a person over a specific thing (like ownership, possession, mortgage), without a
definite passive subject against whom the right may be personally enforced

- Only a definite active subject without any definite passive subject a particular person
-Directed against the whole world

 OWNERSHIP ACQUIRED BY DELIVER

-“tradition” or delivery
Ex. Sale: mere agreement on the terms thereof does not effect transfer of ownership of the thing sold in the
absence of delivery (actual or constructive) of the thing.

ARTICLE 1164
▪ The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he
shall acquire no real right over it until the same has been delivered to him.

ARTICLE 1166
The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even
though they may not have been mentioned. (1097a)

▪ Accessions – fruits of a thing or additions to or improvements upon a thing

▪ Accessories – things joined to or included with principal thing for embellishment, better use or completion

GR: all accessions and accessories are considered included in the obligation to deliver a determinate thing although
they may not have been mentioned.(Accessory follows the principal)

ARTICLE 1167
If a person obliged to do something fails to do it, the same shall be executed at his cost.

This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it
may be decreed that what has been poorly done be undone. (1098)

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 GENERIC OR INDETERMINATE THING DUTIES OF DEBTOR IN OBLIGATION TO DELIVER A
GENERIC THING
1. To deliver a thing which is of the quality intended by the parties taking into consideration the purpose of the
obligation and other circumstances

ARTICLE 1246.
When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and
circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor
deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into
consideration.

2. To be liable for damages in case of fraud, negligence or delay, in the performance of his obligation, or contravention
of the tenor thereof.

ARTICLE 1170.
Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in
any manner contravene the tenor thereof, are liable for damages.

ARTICLE 1165.
When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article
1170, may compel the debtor to make the delivery.
- If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the
debtor.
- If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the
same interest, he shall be responsible for any fortuitous event until he has effected the delivery. (1096)

 ARTICLE 1165 : REMEDIES OF CREDITOR IN REAL OBLIGATION

1. In specific real obligation; remedies:
a. Demand specific performance or fulfillment with right to indemnity
b. Demand rescission or cancellation with right to recover damages
c. Demand payment of damages only

- The very thing itself must be delivered (Art. 1244)

- Only debtor can comply with the obligation
- No use of violence upon debtor

2. A generic real obligation

▪ Can be performed by third person since object is expressed only according to family or genus
▪ Not necessary for creditor to compel the debtor to make delivery, although – may ask performance
of obligation
▪ In any case – right to recover damages under Art 1170 in case of breach/violation of obligation

 When debtor delays or has promised delivery to separate creditors.

▪ 2 instances: fortuitous event does not exempt the debtor from responsibility
▪ Only determinate thing
▪ Genus never perishes

 REMEDIES OF CREDITOR IN POSITIVE PERSONAL OBLIGATION

-Fails to comply with his obligation to do
-Done in contravention of terms or Poorly done

Creditor has right to:

-Have the obligation performed by himself, of another, unless persona considerations are involved, at the debtor’s
expense, or
-Recover damages
-(ordered by the court) that it be undone if it is still possible to undo what was done

 Can you compel performance by debtor?

NO. may amount to Involuntary Servitude – prohibited in our Constitution
▪ Indemnification of creditor for damages

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 KINDS OF OBLIGATIONS
1. PURE AND CONDITIONAL OBLIGATIONS
2. OBLIGATIONS WITH A PERIOD
3. ALTERNATIVE AND FACULTATIVE OBLIGATIONS
4. JOINT AND SOLIDARY OBLIGATIONS
5. DIVISIBLE AND INDIVISIBLE OBLIGATIONS
6. OBLIGATIONS WITH A PENAL CLAUSE

ARTICLE 1179.
Every obligation whose performance does not depend upon a future or uncertain event, or
upon a past event unknown to the parties, is demandable at once.

Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the
effects of the happening of the event.

 PURE OBLIGATION
• Not subject to any condition
• No specific date mentioned for its fulfillment
• Therefore: IMMEDIATELY DEMANDABLE
Example: • X to deliver the car to Y: X to pay 1,000.00 to Y

 CONDITIONAL OBLIGATION
• Its consequences are subject to the fulfillment of a condition
• Reverse of a pure obligation
• FUTURE and UNCERTAIN event
• It is an act or event, which must occur before a duty to perform a promise in the agreement ARISES or which
DISCHARGES a duty of performance that has already arisen
• Upon the happening of the condition, ACQUISITION or EXTINGUISHMENT or an obligation

What are conditions?

• Future and Uncertain
• Past but Unknown

 KINDS OF CONDITION
 AS TO EFFECT: SUSPENSIVE AND RESOLUTORY
1. Suspensive Condition
• The fulfillment of which will give rise to an obligation
• The demandability of the obligation is SUSPENDED until the happening of the uncertain event
Example:
• “I will give you my car when you pass the Bar Exams”

2. Resolutory Condition
• The fulfillment of which will extinguish an obligation already existing
• (also demandable at once) – once the condition is established or acknowledged, the right immediately
exists and therefore the obligation concomitant to the right can be demanded at once
• Once the future or uncertain event happens, it operates to DISCHARGE the obligation
• Obligation is resolved or extinguished by operation of law
Example:
• “I will lend you my car until you graduate”

Again, when is an obligation demandable at once?

1. When the obligation is a pure obligation
2. When it is subject to a Resolutory condition
3. When it is subject to a Resolutory period

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ARTICLE 1180.
When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to
be one with a period, subject to the provisions of article 1197.

Period – future and certain event upon the arrival of the obligation
• Example: The debtor promises to pay when his means permit him to do so
• When the debtor binds himself to pay
-“little by little”
-“as soon as possible”
- “from time to time”
- “at any time I have the money”
- “in partial payments”
-“when I am in a position to pay?

ARTICLE 1181.
In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already
acquired, shall depend upon the happening of the event which constitutes the condition.

Not only the obligation but also the RIGHTS:

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ARTICLE 1182.
When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall
be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with
the provisions of this Code.

 AS TO CAUSE OR ORIGIN: POTESTATIVE,CASUAL,MIXED

1. Potestative Condition
• A condition, suspensive in nature, which depends upon the sole will of one of the contracting parties
• Conditional Obligation VOID – because its validity and compliance is left to the will of the debtor – it cannot
be easily be demanded
- no burden, then no juridical tie created
Example: “I will pay you if I want” • Only the condition is void, not the obligation

What if the SUSPENSIVE condition depends upon the will of the CREDITOR? Is it VOID?
• NO, it is now VALID.
• Example: “I will pay you my debt upon your demand”

What if the RESOLUTORY condition depends upon the will of the DEBTOR?
-It is VALID. The debtor is naturally interested in its fulfillment.

2. Casual Condition
• If the suspensive condition depends upon CHANCE or upon the will of a THIRD PERSON, the obligation is
VALID.
Example: X binds himself to sell his land to Y if he wins a case which is pending before the Supreme Court

3. Mixed Condition
• Obligation is valid if suspensive condition depends partly upon chance and partly upon the will of third person

Example:
X, building contractor, obliges himself in favor of Y, owner, the repair at X’s expense, any damage to the building
taking place after an earthquake (chance), if found by panel of arbitrators (third party) that construction defects
contributed in any way to the damage.

-Both conditions must take place

 ART. 1183-1186

ARTICLE 1183.
Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall
annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by
the impossible or unlawful condition shall be valid.

-The condition not to do an impossible thing shall be considered as not having been agreed upon. (1116a)

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 Two kinds of impossible conditions
 Effect of Impossible conditions
• Conditional obligation is VOID
• Conditional obligation is VALID
• Only affected obligation is VOID
• Only the condition is VOID

ARTICLE 1184.
The condition that some event happen at a determinate time shall extinguish the obligation as soon as the
time expires or if it has become indubitable that the event will not take place. (1117)

 AS TO MODE: POSITIVE, NEGATIVE

1. Positive Condition
• Obligation extinguished
• As soon as the time expires without the event taking place
• As soon as it has become indubitable that the event will not take place although the time specified has not
expired

ARTICLE 1185.
The condition that some event will not happen at a determinate time shall render the obligation effective from
the moment the time indicated has elapsed, or if it has become evident that the event cannot occur.

• If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been
contemplated, bearing in mind the nature of the obligation.(1118)

2. Negative condition

ARTICLE 1186.
The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. (1119)

Constructive fulfillment of suspensive Condition

 3 requisites
• 1. condition is suspensive
• 2. Obligor actually prevents the fulfillment of the condition
• 3. He acts voluntarily

Constructive fulfillment of resolutory condition

 Article 1186 applies also to an obligation subject to resolutory condition with repect to the debtor

 ARTICLE 1187
The effects of conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of
the constitution of the obligation. Nevertheless when the obligation imposes reciprocal prestations upon the parties,
the fruits and interest during the pendency of the obligation shall be deemed to have mutually compensated. If the
obligation is unilateral, the debtor shall appropriate the fruits and interest received unless from the nature of
circumstances of the obligation it should be inferred that the intention of he person constituting the same was different

In obligation to do and not to do, the court shall determine, in each case, the retroactive effect of the condition
that has been complied with.

RETROACTIVE EFFECT OF FULLFILMENT OF SUSPENSIVE OBLIGATION

1. In obligation to give- becomes demandable only upon the fulfillment of the condition, however once the
condition has been fulfilled, its effect shall retroact to the day when the obligation was constituted.
2. In obligation to do and not to do-with respect to the retroactive effect of the fulfillment of the suspensive
condition, in obligations to do or not to do, no fixed rule is provided.

RETROACTIVE EFFECTS AS TO FRUITS AND INTEREST IN OBLIGATION TO GIVE

1. In reciprocal obligation- no retroactivity
2. In uniateral Obligation- usually no retroactive effect because they are gratuitous.

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 ARTICLE 1189
When the condition have been imposed with the intention of suspending the efficacy of an obligation to give,
the folllowing rules shalle be observed in case of improvement, loss or deterioration.

1. If the thing is LOST

a. With the fault of the debtor- shall obliged to pay damages
b. Without the fault of the debtor- obligation shall be extinguished

2. If the thing DETERIORATES

a. With the fault of the debtor- the creditor may chose between the recession of the obligation and
its fulfillment
b. Without the fault of the debtor- the impairment is to be borne by the creditor

3. if the thing is IMPROVED

a. Improved by nature or by time- shall inure to the benefit of the creditor
b. Improved at the expense of the debtor- debtor have no right than that granted to the usufructuary.

Requisites for Application of Art.1189

1. The obligation is real obligation
2. The object is specific or determinate thing
3. Obligation is subject to a suspensive conditions
4. The condition is fulfilled
5. There is loss, deterioration, or improvement of the thing during the pendency of the condition.

 KINDS OF LOSS
a. Physical Loss- when a thing perishes as when house is burned and reduces to ashes.
b. Legal Loss- when legal becomes illegal, when it is expropriated. Example: demonitized money
c. Civil Loss- when the thing disappears in such a way its existence is unknown, or even if its know It
cannot be recovered.

Usufruct- is the right to enjoy the use and fruits of a thing belonging to another.

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