Accession Continua Flashcards
2 kinds of ACCESSION CONTINUA?
1) Accession Industria;
2) Accession Natural.
Rule in Art. 445
Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.
Exception: Art. 120 of the Family Code
Art. 120 of the Family Code; Reverse accession
The owner of improvements,whether for utility or adornment, made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership or to the original owner-spouse, subject to the following rules:
when the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the conjugal partnership, subject to the reimbursement of the value of the property otherwise, said property shall be retained in the ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement.
In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership.
What are the presumption provided by Art. 446?
All works, sowing, and planting are presumed made by the owner and at his expense unless the contrary is proved.
What is the rule when the Landowner acted in GOOD FAITH with respect to the Owner of the Materials(Art. 447)
The owner of the land who makes thereon, personally or through another, planting, construction or works with materials of another, shall pay their value;
The owner of the materials shall have the right to remove them only in case he can do so without out injury to the work constructed, or without the plantings, construction or works being destroyed.
What is the rule when the Landowner acted in BAD FAITH with respect to the Owner of the Materials(Art. 447)
The owner of the land… shall pay their value; and if he acted in bad faith, he shall also be obliged to the reparation of damages.
…
However, if the landowner acted in bad faith, the owner of the materials may remove them in any event with a right to be indemnified for damages.
What is the rule when we have a LO in GOOD FAITH and a BPS in GOOD FAITH? (Art. 448)
The owner of the land on which anything has been built, sown or planted in good faith, shall have:
1) The right to appropriate as his own the works, sowing, or planting, after the payment of the indemnity provided for in Articles 546 and 548; or
2) To oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent.
However, the builder or planter cannot be obliged to buy the land if its value is considerably mor than that of the building or trees.
In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity.
The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof.
What is the rule if the Landowner acted in GOOD FAITH, but the BPS acted in BAD FAITH? (Art. 449-452)
He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without the right to indemnity.
The owner of the land on which any thing has been built, planted or sown in bad faith may:
1) demand the demolition of the work or that the planting or sowing be removed, in order to replace thing in their former condition at the expense of the person who built, planted or sowed; or
2) he may compel the builder or planter to pay the price of the land, and the sower the proper rent.
In the cases of the two preceeding articles, the landowner is entitled to damages from the builder, planter or sower.
The builder, planter or sower in bad faith is entitled to remibursement for the necessary expenses of preservation of the land.
What is the rule if both the landowner and the BPS acted in BAD FAITH? (Art. 453)
If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith.
What is the rule when the Landowner acted in BAD FAITH and BPS acted in GOOD FAITH? (Art. 454)
Article 447 shall apply.
NECESSARY EXPENSES? (ART. 546)
Necessary shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been reimbursed
USEFUL EXPENSES? (Art. 546 and Art. 547)
Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of:
1) refunding the amount of the expenses; or
2) paying the increase in value which the thing may have acquired by reason thereof.
If the useful improvements can be removed without damage to the principal thing, the possessor in good faith may remove them, unless the person who recovers the possession exercise the option under par. 2 of the preceding article.
LUXURY EXPENSES? (Art. 548 and 549)
Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successors in the possession does not prefer to refund the amount.
[bad faith]
…The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith; but he may remove the objects for which such expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters into possession
