Accession wrt Movable Property Flashcards
ADJUNCTION
The union of two movable things belonging to different owners.
What are the different kinds of Adjunction?
1) Inclusion or engraftment;
2) Soldadura or soldering;
3) Escritura or writing;
4) Pintura or painting;
5) Tejido or weaving.
Who acquires the object in case of ADJUNCTION? (Art. 466)
Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form one single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.
Which should be considered the PRINCIPAL THING, in case of adjunction? (Art. 467 & 468)
The principal thing, as between two thing incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection;
It it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one…
The thing of the greater value shall be so considered; and as between two thing of equal value, that of the greater volume.
*Test of greater merit (taking in to consideration all pertinent provisions)
In case of “Art” which is the principal thing? (Art. 468)
In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.
In the case of adjunction when is separation allowed? (Art. 469 and 470)
Whenever the things united can be separated without injury, their respective owners may demand their separation.
Nevertheless, incase the thing united for the use, embellishment or perfection f the other is much more precious than the principal thing the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury.
…
If the one who acted in bad faith is the owner of the principal thing, the owner of the accessory shall have a right to choose between the former paying him its alue or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, further more, there shall be indemnity for damages.
In the case of Adjunction, what would be the effect if the owner of the accessory acted in bad faith? (Art. 470)
Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the dames he may have suffered.
In the adjunction, what if both owners were in bad faith? (Art. 470)
If either one of the owners has mae the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith.
In case of Adjunction, “Indemnity” (Art. 471)
Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in
(1) the delivery fo a thing equal in kind and value and in all other respects, to that employed; or else
(2) in the price thereof, according to expert appraisal.
In the case of COMMIXTION/CONFUSION, what is the rule when the mixture or confusion is caused with bad faith? (Art. 473, par. 2)
If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused, besides being obliged to pay indemnity for the damages, caused to the owner the thing with which his own was mixed.
Specification
Takes place whenever the work of a person is done on the material of another, such material, in consequence of the work itself, undergoing a transformation.
What is the rule, when the specification is done in GOOD FAITH? (Art. 475)
One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind;
Shall appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value.
What is the rule, when the specification is done in BAD FAITH? (Art. 475)
In the making of the thing bad faith intervened, the owner of the material shall have the right to:
Appropriate the work to himself without paying anything to the maker; or
To demand of the latter the indemnify him for the value of the material and the damages he may have suffered.
However…
The owner of the material CANNOT appropriate the work in case the value of the latter, for artistic or scientific reasons, is considerably more than that of the material.
What is the rule, when the specification is done in GOOD FAITH, however the material is more precious than the transformed thing? (Art. 475)
If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself, after first paying indemnity for the value of the work; or
to demand indemnity for the material.
What is the rule when the mixture is caused by chance? (Art. 2170)
When by accident or other fortuitous even, movables separately pertaining to two or more persons are commingled or confused, the rules on co-ownership shall be applicable.
