BPS LO MO

RIGHT OF ACCESSION GF/BF GF/BF GF/BF

SECTION 1 RIGHT OF ACCESSION WITH RESPECT TO WHAT IS
PRODUCED BY PROPERTY
440 Accession defined
Distinguished from accessory
Accession not mode of acquiring ownership
Kinds of accession
441 Accession discreta
Right of owner to the fruits
Exceptions
442 Definition of the different kinds of fruits
Natural fruits
Industrial fruits
Civil fruits
443 Obligation of recipient of fruits to reimburse
necessary expenses of third person
Effect if possessor in bad faith
GR: no effect on obligation to reimburse
Except: has effect fruits are UNGATHERED when
he gave up possession - 449 applies

When expenses exceed the fruits

444 When natural and industrial fruits deemed to exist

In the womb of the mother although unborn

SECTION 2 RIGHT OF ACCESSION WITH RESPECT IMMOVABLE
PROPERTY
445 Accession continua
General rule on accession industrial
Building
Repairs
Builder and owner of land and materials same
person
446 Presumptions as to improvements:
-made by owner
-at the owner's expense

447 P1: LO = BPS; P2: MO GF

BF
448 P1: LO; P2: BPS (Applicable to PRIVATE land only) GF

449 P1: LO; P2: BPS (Applicable to PRIVATE land only) BF

450 BF

451 Damages under 449 and 450

452 P1: LO; P2: BPS (Applicable to PRIVATE land only) BF

453 P1: LO; P2: BPS (Applicable to PRIVATE land only) BF BF

454 P1: LO; P2: BPS (Applicable to PRIVATE land only) GF BF

455 P1: LO; P2:MO BF BF GF

GF GF BF

BF GF GF

BF GF BF
BF BF BF
BPS
RIGHTS & OBLIGATIONS

He becomes the owner of the materials but must pay their value

Pay their value + Damages

-Right to reimbursement
- Right to retain ownership unless choice
was made

if bldg destroyed by fortuitous events: No

other right but to vacate the premises and
deliver the same to the LO

Loses what he has built and NO RIGHT to

reimbursement

Entitled to reimburment ONLY of the

necessary expenses of preservation of land

Under Article 448

Under Article 447

Principally liable to the MO PLUS DAMAGES

Principally liable to the MO PLUS DAMAGES

Principally liable to the MO

 LO
RIGHTS & OBLIGATIONS

terials but must pay their value

Options: (1) appropriate the improvement as his upon payment of indemnity; or (2)
oblige the builder to pay the price or the sower to pay the proper rent (UNLESS
value is more than that of the building or trees)

GR: Owner cannot remove or demolish building of BPS in good faith

Excpt: After having chosen to sell his land, the BPS refuses to pay

If rightfully exercises option 2 but BPS refuses to pay remedies:

- assume lessor-lessee relationship

-ordinary action for recovery of the price of land or to have improvements removed
at the builder's expense

Damages

-May appropriate the land as his; not obliged to pay indemnity but only of the
NECESSARY EXPENSES for the preservation of the land
-May demand the demolition of work or that planting or sowing be removed at
expense of BPS;
-May compell the BPS to pay price or sower to pay rent
PLUS DAMAGES

Subsidiarilly liable to the MO PLUS DAMAGES

Subsidiarilly liable to the MO (no damages)

Rights under 449 and 450

Subsidiarilly liable to the MO
MO
RIGHTS & OBLIGATIONS

- To be paid: or
- May remove the materials if the
removal can be done without injury

-To be paid value of materialsdamages

- Damages
- May remove EVEN IF IT MAY INJURE
(Absolute right of removal)
Entitled to reimbursement from the BPS:
if latter is insolvent from the LO
Forfeits his right to reimbursemnt (449) +
liable for damage

Entitled to reimbursement from the BPS:

if latter is insolvent from the LO