Accession (Movable Property)

Question 1

What is the general rule of the unity of two movable things belonging to different owners, without bad faith?

Answer 1

The owner of the principal things acquires the accessory, paying indemnity to the owner of the accessory.

Question 2

What are the three types of accession with respect to movable property? Explain each briefly and give examples.

Answer 2

Adjunction - two movable things united in such a way that they form a single object. Example: chair and varnish.

Mixture - combination or union of materials where the respective identities of the component elements are lost. Example: palay mixing together

Specification - giving of a new form of another’s material through the application of labor. Example: Baking a cake with the flour of another.

Question 3

For the purposes of accession with regards to movable property, how do you determine the principal thing from the accessory thing?

Answer 3

The principal is:
(1) That to which the other has been united as an ornament, or for its use, or perfection
(2) That of greater value
(3) That of greater volume
(4) Finally that which greater merits (example: engine of motor)

In arts, the accessory thing are the board, metal, stone, canvas, paper or parchment.

Question 4

What is the rule on adjunction if owner of the accessory thing is in bad faith? What about if the owner of the principal thing is in bad faith?

Answer 4

Owner of accessory is in bad faith - Loses all his rights and will be responsible for damages.

Owner of principal is in bad faith -
(1) payment of indemnity plus damages to the owner of the accessory
(2) the owner of accessory may remove the accessory thing.

Question 5

What is the rule on mixture if one owner is in bad faith?

Answer 5

Generally, if both owners is in good faith, or by their will, by chance, or by common agent, the two properties are mixed, co-ownership results.

However, if one of the owners are in bad faith, he loses the material and is liable for damages.

Question 6

What is the rule on specification?

Answer 6

Generally, the accessory follows the principal. So, whoever made the labor is the principal, thus making him the rightful owner.

If the laborer is in good faith, he owns the work but must pay indemnity to the owner of the accessory. Exception, if the accessory is more precious, the owner of the accessory may:
(1) Acquire the new thing but pays for the work
(2) Demand indemnity for the material.

If the laborer is in bad faith, the owner of the accessory may:
(1) appropriate the work without paying the labor
(2) demand indemnity for the material plus damages