Title II. Ch. 2. Right of Accession

Question 1

Art. 440. The ownership of property gives the right by […] to […], or which is […] or […], either […] or […].

Answer 1

Art. 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.

Question 2

What is the definition of an accession?

Answer 2

Accession is the right of the owner of a thing, real or personal, to become the owner of everything which is incorporated or attached thereto, either naturally or artificially.

Sanchez Roman: the right pertaining to the owner of a thing over its products and whatever is inseparably attached thereto as an accessory.

Question 3

What is the difference between an “accession” and an “accessory”?

Answer 3

(1) Accession are the fruits of, or additions to, or improvements upon, a thing. The concept includes accessions in its three forms of building, planting, and sowing, an accession natural, such as alluvion, avulsion, change of course of rivers, and formation of islands.

On the other hands, accessories are things joined to, or included with, the principal thing for the latter’s embellishment, better use or completion.

(2) While accessions are not necessary to the principal thing, the accessory and the principal thing must go together.

Question 4

What is common between an accession and an accessory?

Answer 4

Both can exist only in relation to the principal.

Question 5

Is accession a mode of acquiring ownership?

Answer 5

No, accession is not one of the modes of acquiring ownership enumerated in Article 712. The Civil Code adopts the theory that accession is merely a consequence or incidence of ownership.

Question 6

What are the two kinds of accessions?

Answer 6

The two kinds of accessions are:

(1) accession discreta; and
(2) accession continua.

Question 7

What is the difference between accession discreta and accession continua?

Answer 7

• Accession discreta* is the extension of the right of ownership of a person to the products of a thing which belongs to that person. It covers (a) natural fruits; (b) industrial fruits; and (c) civil fruits (Art. 441).
• Accession continua* is the extension of the right of ownership of a person to that which is incorporated or attached to a thing which belongs to such person.

Question 8

How does accession continua take place?

Answer 8

Accession continua takes place differently with respect to real property and with respect to personal property.

With respect to real property – accession industrial; accession natural

With respect to personal property – conjunction or adjunction; commixtion or confusion; or specification.

Question 9

What is/are the exception(s) to the general rule provided by Art. 441?

Answer 9

There are exceptions to the rule in Art. 441. In the following cases, a person, other than the owner of a property, owns the fruits thereof:

(1) possession in good faith (prior to legal interruption) [Art. 546];
(2) usufruct [Art. 566];
(3) lease of rural lands [Art. 1680];
(4) pledge (pledgee entitled to receive the fruits) [Art. 2012];
(5) antichresis (creditor acquires the right to receive fruits; obligation to apply to the interest and debt)[Art. 2132].

Question 10

Art. 442. Natural fruits are the […], and the […].

Industrial fruits are […].

Civil fruits are the […], the price of […] and the […] or other […].

Answer 10

Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.

Industrial fruits are those produced by lands of any kind through cultivation or labor.

Civil fruits 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.

Question 11

Are standing trees considered fruits?

Answer 11

No, standing trees being an integral part of the land are generally not fruits. They are immovables (Art. 415[2]);

Question 12

Who owns the offspring of a cow?

Answer 12

Generally, the owner of a female cow is presumed to be the owner of its young by the right of accretion. (De Leon citing US v. Caballero);

Question 13

Art. 443. He who receives the fruits has the obligation to […] by a third person in their […].

Answer 13

Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation.

Question 14

What is the obligation of a person who receives fruits?

Answer 14

The person who receives fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation. [Art. 443 NCC].

Question 15

What are the rights of the possessor in bad faith when it comes to the fruits of the property?

Answer 15

The possessor in bad faith will have the right to recover from the owner the amount spent for the necessary expenses of the fruits that he gathered. Art. 443 does not make any distinction between good faith and bad faith– if the owner benefits from the expense of the other for the production, gathering, and preservation of the fruits, the owner is responsible for the payment.

Art. 443 only applies when the fruits have already been gathered. When it is not gathered, the possessor in bad faith is deemed as a sower/planter in bad faith who is not entitled to reimbursement for expenses; nor the fruits.

Question 16

Can expenses beyond the production, gathering, and preservation be reimbursable to the possessor?

Answer 16

No, the possessor is only entitled to expenses for the production, gathering, and preservation (Art. 443).

Question 17

Art. 444. Only such as are manifest or born are considered as […].

With respect to animals, it is sufficient that […].

Answer 17

Art. 444. Only such as are manifest or born are considered as natural or industrial fruits.

With respect to animals, it is sufficient that they are in the womb of the mother, although unborn.

Question 18

Art. 445. Whatever is […] on the land of […] and the […] made thereon, belong to the owner of the land, subject to the provisions of the following articles.

Answer 18

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 (Arts. 446-456).

Question 19

What are the basic principles of accession continua?

Answer 19

1. Accession follows the principal – this means that the owner of the latter acquires the ownership of the former;
2. Incorporation or union must be intimate – the incorporation and union must be such that removal or separation cannot be effected without substantial injury to either or both;
3. Effect of good faith and bad faith – Good faith exonerates a person from punitive liability but bad faith may give rise to dire consequences;
4. Effect where both parties in bad faith – The bad faith of one party neutralizes the bad faith of another;
5. Principle against unjust enrichment – No one should unjustly enrich himself at the expense of another.

Question 20

Land owner in bad faith builds, plants, sows using the materials of another.

What are the obligations of the land owner in bad faith? What are the rights of the owner of the materials?

Answer 20

Obligation of land owner in bad faith: Pay the owner of materials the value of the materials used plus damages;

Rights of owner of materials: Remove the materials in any event, with a right to be indemnified for damages

[art. 447]

Question 21

Art. 446. All […], […], and […] are presumed made by […], unless […].

Answer 21

Art. 446. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved.

Question 22

Art. 447. The owner of the land who makes thereon, […] or […], shall pay […]; and, if he acted in bad faith, he shall […]. The owner of the materials shall […] them only in case […], or without the plantings, constructions or works being […]. However, if the landowner acted in […], the owner of the materials may […], with a right to […].

Answer 22

Art. 447. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. 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.

Question 23

The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall […]. [Art. 447 NCC]

Answer 23

The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; [Art. 447 NCC].

Question 24

The owner of the land who acts in bad faith and makes on the land, personally or through another, constructions or works with the materials of another, the owner shall be […].

Answer 24

The owner of the land who acts in bad faith and makes on the land, personally or through another, constructions or works with the materials of another, the owner shall be obliged to the reparation of damages.

Question 25

Art. 446. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved.

What are the presumptions under this provision?

Answer 25

The provision establishes two (2) disputable presumptions:

1. The works, etc. were made by the owner;
2. They were made at the owner’s expenses.

Question 26

Land owner in good faith builds, plants, sows using the materials of another.

What are the obligations of the owner, and the rights of owner of the materials?

Answer 26

Obligation of land owner: Pay the owner of materials the value of the materials used;

Rights of owner of materials: Remove the materials but only in case it does not cause injury to the work constructed, or without the plantings, constructions or works being destroyed.

[art. 447]

Question 27

Art. 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to […], after payment of the indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to […], and the one who sowed, […]. However, the builder or planter cannot be obliged to buy the land if its value is […]. In such case, he shall […], if the owner of the land does not […]. The parties shall […] and in case of disagreement, the court shall […].

Answer 27

Art. 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in Articles 546 and 548, or 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 more 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.

Question 28

What do we mean when we say that the builder plant sower who is not land owner is in good faith under Art. 448?

Answer 28

Good faith under Art. 448 consists in the honest belief of the builder, sower, or planter, that the land he is building, sowing, or planting on, is his or that by some title he has a right to build, etc. thereon, and his ignorance of any defect or flaw in his title.

Question 29

Land owner is in good faith and another person builds, plants, sows on his land in good faith.

What are the obligations/rights of the owner? What are the obligations/rights of the BPS?

Answer 29

Rights of the land owner:

• The land owner has the right to appropriate everything as his own (after payment of the indemnity in Arts. 546 and 548.
• Choose between two options:
  
  • Appropriate the buildings and plants with proper indemnity to the BPS;
  • Ask the BPS to buy the land owner’s property (unless property is of higher value than building or plant).

[art. 448]

Question 30

Art. 449. He who builds, plants or sows in bad faith on the land of another, […], planted or sown […].

Answer 30

Art. 449. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity.

Question 31

What is the general rule when a person builds, plants or sows in bad faith in the land of another?

Answer 31

Under Art. 449, he who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity.

Question 32

Art. 450. The owner of the land on which any thing has been built, planted or sown in bad faith may […], or that the […], in order to replace things in […] at the expense of […]; or he may compel the builder or planter […], and the sower the […].

Answer 32

Art. 450. The owner of the land on which any thing has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent.

Question 33

What are the rights of the owner upon whose property accessions are built, planted, or sown by another in bad faith? What are the obligations of the builder, planter, sower in bad faith?

Answer 33

Rights of the owner of the land: (a) Landowner may demand the demolition of the work or removal of the plantings or sowing at the expense of the builder, planter, sower; (b) compel the builder or planter to pay the price of the land, and the sower the proper rent; (c) be entitled to damages as provided in Art. 451.

Obligation of the builder, planter, sower: (a) pay for the expenses of the removal; (b) pay for damages.

Question 34

Art. 451. In the cases of the two preceding articles (449 and 450), the landowner is entitled to […].

Answer 34

Art. 451. In the cases of the two preceding articles (449 and 4510, the landowner is entitled to damages from the builder, planter or sower.

Question 35

What are the liabilities of the builder, etc. in bad faith?

Answer 35

1. He loses what is built, planted, or sown without right to indemnity except for necessary expenses;
2. He may be required to remove or demolish the work, etc. in order to replace things in their former condition at his expense;
3. He may be compelled to pay the price of the land, and in the case of the sower, to pay the rent; and
4. He is liable for damages

Question 36

Art. 452. The builder, planter or sower in bad faith is […] of preservation of the land.

Answer 36

Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land.

Question 37

Art. 453. If there was bad faith, not only the part of the person 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 […].

It is understood that there is bad faith on the part of the landowner whenever […].

Answer 37

Art. 453. If there was bad faith, not only the part of the person 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.

It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part.

Question 38

Art. 454. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of Article 447 shall apply.

Answer 38

Art. 454. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, […].

Question 39

Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall […] and only in […].

This provision shall […]. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may […].

Answer 39

Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay.

This provision shall not apply if the owner makes use of the right granted by Article 450. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor.

Question 40

OM: GF; LO: BF; BPS: BF

Answer 40

OM is entitled to reimbursement for the value of the materials principally from the builder. If the builder can’t pay, the land owner is subsidiarily liable (Art. 455)

Question 41

Art. 456. In the cases regulated in the preceding articles, good faith does not […], which gives right to damages under […].

Answer 41

Art. 456. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under Article 2176.

Question 42

Art. 457 To the owners of lands adjoining the banks of rivers belong the accretion which they […].

Answer 42

Art. 457 To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters.

Question 43

What is alluvion?

Answer 43

Alluvion (or alluvium) is a form of accession natural. It may be defined as the accretion which the banks of rivers gradually receive from the effects of the current of the waters and which belong to the owners of lands adjoining the said banks. Gradual and imperceptible addition to banks of rivers.

Question 44

Distinguish alluvion from accretion.

Answer 44

They are often used synonymously. Alluvion is used to refer to the deposit of soil or to the soil itself while accretion denotes the act or process by which a riparian land gradually and imperceptively receives addition made by water to which the land is contiguous. In other words, alluvion is brought about by accretion.

Question 45

What are the requisites of alluvion or accretion?

Answer 45

1. The deposit or accumulation of soil or sediment must be gradual and imperceptible;
2. The accretion results from the effects or action of the current of waters of the river;
3. The land where accretion takes place must be adjacent to the bank of the river;

Question 46

What are the requisites of alluvion or accretion?

Answer 46

1. The deposit or accumulation of soil or sediment must be gradual and imperceptible;
2. The accretion results from the effects or action of the current of waters of the river;
3. The land where accretion takes place must be adjacent to the bank of the river;

Question 47

What are the elements of a river and their ownership?

Answer 47

A river is a compound concept consisting of three elements:

(1) running waters;
(2) bed; and
(3) banks.

Question 48

What is the reason behind the rule on alluvion?

Answer 48

The following reasons have been given for granting a riparian owner the right to any land or alluvion deposited by a river:

1. compensate him for danger of loss that he suffers due to the location of his land;
2. compensate him for the encumbrances and kinds of various easements which he is subject to;
3. promote the interest of agriculture for the riparian owner is in the best position to utilize accretion.

Question 49

Art. 548. The owners of estates adjoining ponds or lagoons do not […], or lose that […].

Answer 49

Art. 548. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods.

Question 50

Difference between a Pond, Lagoon, or Lake?

Answer 50

• Pond is a body of stagnant water without an outlet;
• Lagoon is small lake, ordinarily of fresh water, and not very deep, fed by floods, the hollow bed is bounded by elevations of land;
• Lake is a body of water formed in depressions of the earth, ordinarily fresh water, coming from rivers, brooks, or springs and connected with the sea by them.

Question 51

Art. 459. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged […].

Answer 51

Art. 459. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years.

Question 52

Define accretion

Answer 52

Accretion is that which takes place when the current of a river, creek or torrent segregates from an estate on its bank a known portion and transfers it to another estate, in which case, the owner of the estate to which the segregated portion belonged, retains the ownership thereof.

Question 53

Distinguish alluvion from avulsion

Answer 53

• In alluvion, the deposit of soil is gradual, while in avulsion, it is sudden or abrupt;
• In alluvion the deposit of soil belongs to the owner of the property where it was deposited, in avulsion, the owner of the property from which a part was detached still retains ownership (subject to prescription of two years);
• In alluvion, the soil cannot be identified, while in avulsion, the detached portion is known and identified.

Question 54

What are the requisites of avulsion?

Answer 54

1. The segregation and transfer must be caused by the current of a river, creek or torrent;
2. The segregation and transfer must be sudden or abrupt;
3. The portion of land transported must be known or identifiable.

Question 55

Length of period by which owner of land detached by avulsion may claim the land from another estate?

Answer 55

Two years.

Question 56

Art. 460. Trees uprooted and carried away by the current of waters belong to the […], if the owners do not claim them within […]. If such owners claim them, they shall pay […].

Answer 56

Art. 460. Trees uprooted and carried away by the current of waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place.

Question 57

Art. 461. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to […]. However, the owners of the lands adjoining the old bed shall […] which value shall not exceed the […].

Answer 57

Art. 461. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed.

Question 58

What are the requisites for the application of the rule that owners of land occupied by the new course of rivers acquire those lands of river beds abandoned through natural change in the course of waters?

Answer 58

1. There must be a natural change in the course of waters of the river;
2. The change must be abrupt or sudden;
3. The change must be more or less permanent in nature

Question 59

Art. 462. Whenever a river, changing its course by natural causes, opens a new bed through a private state, this bed shall become of public dominion.

Answer 59

Art. 462. Whenever a river, changing its course by natural causes, opens a new bed through a private state, this bed shall become of public dominion.

Question 60

Art. 463. Whenever a current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land […]. He also retains it if […].

Answer 60

Art. 463. Whenever a current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. He also retains it if a portion of land is separated from the estate by the current.

Question 61

Art. 464. Island which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to […].

Answer 61

Art. 464. Island which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State.

Question 62

Art. 465. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to […], or to […], in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof.

Answer 62

Art. 465. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof.

Question 63

What is a navigable river?

Answer 63

A navigable river is one which forms in its ordinary condition by itself or by uniting with other waters a continuous highway over which commerce is or may be carried on.

Question 64

What is the difference if the island is formed in a navigable or floatable river vs. a non-navigable or non-floatable river?

Answer 64

1. If formed: on the seas within the jurisdiction of the PH, on lakes, and on navigable or floatable rivers, the island belongs to the State as part of its patrimonial property;
2. If formed in non-navigable rivers, it belongs to the nearest riparian owner, or if the island is formed in the middle of a non-navigable river, it is divided longitudinally in halves.

Question 65

Art. 466. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the […], indemnifying the former owner thereof for its value.

Answer 65

Art. 466. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.

Question 66

What is adjunction?

Answer 66

Adjunction (or conjunction) is the union of two movable things belonging to different owners in such a way they form a single object but each one of the component things preserves its value.

Question 67

What are the characteristics of adjunction?

Answer 67

1. Two movables belonging to different owners
2. United in such a way they form a single object
3. They are so inseparable that their separation may result in substantial injury to either component

Question 68

What are the kinds of adjunction?

Answer 68

1. Inclusion or engraftment; e.g., a diamond set on a ring
2. Soldadura or soldering; e.g., when lead is fused together to make an object
   
   1. Ferruminacion if both principal and accessory are of same metal
   2. Plumbatura if they are of different metals
3. Escritura or writing; when a person writes on paper belonging to another
4. Pintura or painting; when a person paints on a canvas belonging to another
5. Tejido or weaving; when threads belonging to different owners are used to make a textile

Question 69

Art. 467. The principal thing, as between two things incorporated, is deemed to be that to which the other […].

Answer 69

Art. 467. The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection.

Question 70

468. If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one, […], and as between two things of equal value, […].

In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall […].

Answer 70

468. If 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 things of equal value, that of the greater volume.

In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.

Question 71

What is the test to determine principal in adjunction?

Answer 71

To determine which, as between two things incorporated, is the principal and which is the accessory, Art. 467 and 468 provides a certain criteria. In the order of application, the principal is that:

1. To which accessory has been united as an ornament, this is the “rule of importance and purpose”
2. Which has greater value
3. Which has greater volume (if items are of equal value)
4. Which has greater merits

Question 72

Art. 469. Whenever the things united can be separated without injury, their respective owners may […].

Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may […], even though the thing to which it has been incorporated may suffer some injury.

Answer 72

Art. 469. Whenever the things united can be separated without injury, their respective owners may demand their separation.

Nevertheless, in case the thing united for the use, embellishment or perfection of 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.

Question 73

Art. 470. par. 1. Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall […] for the damages he may have suffered.

Answer 73

Art. 470. par. 1. 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 damages he may have suffered.

Question 74

Art. 470. par. 2. If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing […], even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages.

Answer 74

Art. 470. par. 2. If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value 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, furthermore, there shall be indemnity for damages.

Question 75

Art. 470. par. 3. If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as […]

Answer 75

Art. 470. par. 3. If either one of the owners has made 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.

Question 76

Effect on bad faith on the part of the owner of the accessory:

Answer 76

Effect on bad faith on the part of the owner of the accessory:

• He shall lose the thing incorporated; and
• He shall be liable for damages to the owner of the thing

Question 77

Effect on bad faith on the owner of the principal.

Answer 77

Effect on bad faith on the owner of the principal:

• The owner of the accessory thing is given the option either:
  
  • To require the owner of the principal thing to pay the value of the accessory thing; or
  • To have the accessory thing separated even if for the purpose it be necessary to destroy the principal thing;
• Damages in either case

Question 78

Bad faith on both owner of accessory and owner of principal

Answer 78

deemed both acted in good faith.

Question 79

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 the […], according to expert appraisal.

Answer 79

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 the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal.

Question 80

472. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall […].

Answer 80

472. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused.

Question 81

473. If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the […].

If the one who caused the mixture or confusion acted in bad faith, he shall […], besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed.

Answer 81

473. If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners shall be determined by the provisions of the preceding article.

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 of the other thing with which his own was mixed.

Question 82

What is the difference between commixtion and confusion?

Answer 82

• Commixtion is the mixture of solids belonging to different owners
• Confusion is mixture of liquids belonging to different owners

Question 83

Art. 474. par. 1. 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 […].

If the material is more precious than the transformed thing or is of more value, its owner may, at his option, […].

Answer 83

Art. 474. par. 1. 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.

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 demand indemnity for the material.

Question 84

Art. 474. par. 3. If 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 that he 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.

Answer 84

Art. 474. par. 3. If in the making of the thing bad faith intervened, the owner of the material shall […]. However, the owner of the material cannot appropriate the work in case […].

Question 85

What is specification?

Answer 85

• Art. 474 deals with specification, where the work of a person is done on material of another causing a transformation (Manresa)
• Sanchez Roman says it is the imparting of a new form to the material of another (flour into bread, grapes into wine, clay into bricks)

Question 86

Distinguish adjunction, mixture and specification from one another.

Answer 86

1. In adjunction and mixture, there would be at least two things, while in specification, there may be only one thing whose form is changed;
2. In adjunction and specification, the component parts retain or preserve their nature, while in the second, the things mixed may or may not retain their respective original nature; and
3. In the adjunction and the specification, the principle that accessory follows the principal applies, while in the mixture, co-ownership results.

Question 86

Is sentimental value appreciated?

Answer 86

Yes. Art. 475. In the preceding articles, sentimental value shall be duly appreciated.