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ADJUNCTION/CONJUNCTION

GOOD FAITH + GOOD FAITH


-the owner of the principal acquires the accessory + indemnify the owner of the
accessory for its value

But, if accessory is more precious, its owner may demand its separation even
though the principal may suffer injury

PRINCIPAL– BAD FAITH Art 470


The owner of accessory may: 1. Demand payment for the value of the accessory
+ damages; 2. Demand for the separation of the accessory even if injury + damages

ACCESSORY – BAD FAITH


-he loses the thing incorporated + damages

BOTH BAD FAITH = GOOD FAITH

1. ornament/perfection
2. greater value
3. greater volume

COMMIXTION/CONFUSION
Co-ownership: 1. Will of both parties; 2. Will of one in good faith; 3.
Fortutitous/chance
One in bad faith – he loses the thing belonging to him + damages

SPECIFICATION (worker and OM)


WORKER IN GOOD FAITH
- shall appropriate as his own + indemnify the OM for its value
- more precious (materials) – owner of materials may appropriate the
thing for himself + indemnify for the value of work; 2. Demand
indemnity for materials

WORKER IN BAD FAITH


- OWNER OD MATERIAL – 1. Appropriate w/o paying anything to the
maker; 2. Demand worker that he indemnify him for the value of the
material + damages
- Value of work, for artistic/scientific, is considerably more than
that of the material, the owner of the material cannot appropriate
the work. Demand only the value of his materials + damages

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