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Right of Accession With Respect To Movable Property: Adjunction (Or Conjunction)
Right of Accession With Respect To Movable Property: Adjunction (Or Conjunction)
Co-ownership
Mixture takes place by reason of
the following:
1. By will of both or all Each co-owner shall acquire a right proportional to the part belonging to him, bearing
owners of the things in mind the value of the thing mixed or confused.
mixed;
2. By will of only one owner
Legal Effects acting in good faith;
(based on Articles 472 and 3. Or by chance or fortuitous
473) event.
If caused by Only One Owner Article 473 (2) governs
Acting in Bad Faith The one who caused the mixture in bad faith loses the thing belonging to him thus
mixed or confused, besides being obliged to pay indemnity for the damages caused to
the owner of the thing with which his own was mixed or confused.
Right of Accession with Respect to Movable Property
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.
Imparting a new form to the material of another person
Involves: 1.) labor of the worker; and 2.) the materials of another.
If the Worker Acted in Good Faith Article 474 (1) governs
General Rule: 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.
Exception: when the material is more precious than the transformed thing or more
valuable, in which case, its owner may at his option:
1. Appropriate the new thing to himself after paying indemnity for the value of the
work;
2. Demand indemnity for the material.
If Worker Acted in Bad Faith Article 474 (3) governs
The owner of the material has two options:
1. To appropriate the work for himself without paying anything to the maker; or
2. To demand of the latter (worker) that he indemnify him for the value of the
Legal Effects material and the damages he may have suffered.
Exception: If the value of the work, for artistic or scientific reasons, is considerably
more than that of the material, the owner of the material cannot appropriate the
work. In such a case, the owner of the material can only demand form the worker the
value of his materials and the damages he may have suffered.