Professional Documents
Culture Documents
Issue: WON the parties can now validly divide the said
fishpond as agreed upon by them? NO.
Ruling:
- Spouses Deluaos statement that the beneficial right over
the fishpond in question is the "specific partnership
property" contemplated by art. 1811 of the Civil Code is
incorrect.
- A reading of the said provision will show that what is meant
is tangible property, such as a car, truck or a piece of land,
but not an intangible thing such as the beneficial right to a
fishpond.
- If what they have in mind is the fishpond itself, they are
grossly in error.
- A fishpond of the public domain can never be considered a
specific partnership property because only its use and
enjoyment never its title or ownership is granted to
specific private persons.
-