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Question

V. DIFFERENT MODES OF ACQUIRING OWNERSHIP: A. Occupation

1. Carlos, a fisherman, was fishing in the open sea when he spotted a valuable sunken treasure. He dove down and successfully retrieved the treasure. Can Carlos claim ownership over the treasure through occupation? Explain your answer.

2. Maria was walking along the beach when she stumbled upon a rare seashell. She picked it up and decided to keep it. Can Maria acquire ownership of the seashell through occupation? Discuss the requirements for occupation to be valid in this situation.

3. Juan, an artist, traveled to a remote island and discovered a beautiful piece of driftwood washed ashore. He decided to use it for his artwork. Can Juan acquire ownership of the driftwood through occupation? Explain the applicable provisions of the Civil Code in determining the validity of his claim.

4. Rafael, a hiker, discovered a hidden cave in a mountain. Inside the cave, he found a collection of ancient artifacts. Can Rafael claim ownership over the artifacts through occupation? Discuss the limitations and exceptions to occupation as a mode of acquiring ownership.

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Answer