ACCESSION INDUSTRIAL

A. Building, planting or sowing on ones own land (LO) with materials belonging to another (OM) ART.
447
4 Scenarios:
1.

BOTH in GOOD FAITH

LO has 2 options:
i.
Option to appropriate

ii.

2.

Option to remove and

return

- subject to payment of value of materials

- no liability for damages
- exclusive to the LO
- available only if without injury
- OM (in good faith) has the same right

BOTH in BAD FAITH

LO and OM are in pari delicto - rights and options in of both parties (in good faith) shall apply

3.

LO in BAD FAITH; OM in GOOD FAITH

LO is liable for value of materials and/or damages
OM has 2 options:
i.
Option to demand value of materials w/ damages
ii.
Option to remove and return w/ damages

4.

LO in GOOD FAITH; OM in BAD FAITH

Situation not governed/provided for under Art. 447
Apply by analogy Arts. 455 and 459 (OM loses his materials without any right + liable for damages)

B. Building, planting or sowing with ones own materials (BPS-OM) on the land of another (LO)
4 Scenarios:
1.

BOTH in GOOD FAITH ART. 448

LO has 3 options:
i.
Option to appropriate

2.

- subject to payment of indemnity provided for in Art. 546 (necessary

and useful expenses) and Art. 548 (expenses for pure luxury)

ii.

Option to remove and

return

- available only if the price of the land is NOT considerably more than the
building (for builders) or trees (for planters)
- not available against sower (instead, rent may be compelled)
- if price is CONSIDERABLY more and LO does not choose to appropriate,
BPS-OM shall pay reasonable rent (in case of disagreement, the court
shall fix the terms)

iii.

Option to remove

- available ONLY if the LO chooses to sell his land and the BPS-OM fails to
pay the same

BPS-OM has the right of retention until he is indemnified by the LO if the latter chooses to appropriate. In
such case, the former is also not required to pay rentals.
BOTH in BAD FAITH ART. 453
LO and BPS-OM are in pari delicto

- rights and options in of both parties (in good faith) shall apply

3.

LO in GOOD FAITH; BPS-OM in BAD FAITH ARTS. 449 to 452

LO has 3 options:
i.
Option to appropriate w/
damages

ii.

Option to demand
demolition or removal at
the expense of BPS-OM
w/ damages

iii.

Option to sell the land

- no need to pay value of materials

- also applicable to pending fruits
- for fruits already received by BPS-OM and returned (at least the value)
to the LO, the latter is liable for expenses incurred by BPS-OM in relation
to the production, gathering and preservation of the fruits

- regardless of the price of the land vis--vis the price of the buildings
and trees

BPS-OM is entitled to reimbursement for the recovery of necessary expenses for the preservation of the land
4.

LO in GOOD FAITH; BPS-OM in BAD FAITH

LO is liable for the value of materials and/or damages
BPS-OM has 2 options:
i.
Option to demand value of materials w/ damages
ii.
Option to remove and return w/ damages

C. Building, planting or sowing (BPS) on the land of another (LO) with materials belonging to a third
person (OM)
1.

OM in BAD FAITH
OM loses materials without indemnity
LO may claim what has been built, planted or sown without indemnity
BPS would depend on whether he acted with:
GOOD FAITH
Right to claim from LO a reasonable compensation for his labor
BAD FAITH

Not entitled to anything and may be made to pay damages to the LO

* If OM, LO and BPS all acted in bad faith, they are considered in pari delicto
2.

OM in GOOD FAITH
OM entitled to recover the value of his materials
LO subsidiarily liable if the following requisites are present:
i.
Insolvency of the BPS
ii.
Appropriation of the building, planting or sowing by the LO

BPS primarily liable to the OM (w/o damages if BPS is in GOOD FAITH or w/ damages if in BAD FAITH) - Apply
Art. 450
POSSESSION
A. Effects upon FRUITS
1.

In GOOD FAITH
If fruits have already been

i.

Possessor entitled to fruits before legal interruption of possession

received
If fruits still pending
2.

In BAD FAITH

B. Effects
C. Effects