Accession - Accession Discreta Flashcards
What is [Right of] Accession?
It is the right of the owner of the thing, real or personal, to become the owner of everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.
Accession
Are the fruits of, or addition to, or improvements upon a thing (principal)
Accessories
Things joined to, or included with, the principal thing for the latter’s embellishment, better use, or completion (e.g. key of a house; frame of a picture; bracelet of a watch)
Accession Discreta? (Art. 441)
To the owner belongs:
(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits.
Natural Fruits? (Art. 442)
[They] are the spontaneous products of the soil, and the young and other products of animals.
Industrial Fruits? (Art. 442)
[They] are those produced by lands of any kind through cultivation or labor.
Civil fruits? (Art. 442)
[They] are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income.
Bachrach Motor Co. Inc. v. Talisay-Milling Co.
Bonus from a mortgage bears no immediate, but only a remote accidental relation to the land…. having been granted as compensation for the risk of having one’s land subjected to lien in favor of the bank…