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The document outlines rights and obligations of different parties - the landowner (LO), owner of materials (OM), and builder/planter/sower (BPS) - under various scenarios of good and bad faith. It details that in cases of good faith: 1) LO can appropriate improvements after paying indemnity to BPS and is liable to OM for materials; 2) OM can collect payment from BPS primarily or LO subsidiarily; and 3) BPS has right of retention until paid. In bad faith cases, consequences include loss of improvements/materials and liability to pay damages.
The document outlines rights and obligations of different parties - the landowner (LO), owner of materials (OM), and builder/planter/sower (BPS) - under various scenarios of good and bad faith. It details that in cases of good faith: 1) LO can appropriate improvements after paying indemnity to BPS and is liable to OM for materials; 2) OM can collect payment from BPS primarily or LO subsidiarily; and 3) BPS has right of retention until paid. In bad faith cases, consequences include loss of improvements/materials and liability to pay damages.
The document outlines rights and obligations of different parties - the landowner (LO), owner of materials (OM), and builder/planter/sower (BPS) - under various scenarios of good and bad faith. It details that in cases of good faith: 1) LO can appropriate improvements after paying indemnity to BPS and is liable to OM for materials; 2) OM can collect payment from BPS primarily or LO subsidiarily; and 3) BPS has right of retention until paid. In bad faith cases, consequences include loss of improvements/materials and liability to pay damages.
RIGHTS AND OBLIGATONS OF THE PARTIES (Third Scenario)
Owner of the Materials - Builder, Planter, Sower
Landowner - (LO) (OM) (BPS) All Acted in Good Faith Appropriate what has been built, planted or sown after payment of Collect value of materials primarily Right of retention until payment of indemnity to BPS and be from BPS and subsidiarily from LO indemnity for necessary and useful subsidiarily liable to OM for the if BPS is insolvent expenses value of materials Sell the land to BP except if its Remove materials only if he can Primarily liable to pay value of value is considerably more and without injury materials to OM acquire rentals from S All Acted in Bad Faith Appropriate what has been built, planted or sown after payment of Collect value of materials primarily Right of retention until payment of indemnity to BPS and be from BPS and subsidiarily from LO indemnity for necessary and useful subsidiarily liable to OM for the if BPS is insolvent expenses value of materials Sell the land to BP except if its Remove materials only if he can Primarily liable to pay value of value is considerably more and without injury materials to OM acquire rentals from S Good Faith Bad Faith Good Faith Appropriate what has been built, Lose materials without right to Right of Retention for necessary planted or sown after payment of indemnity and useful expenses indemnity to BPS Sell the land to BP except if its value is considerably more; then, Keep improvements without forced lease and acquire rentals Pay damages indemnity to OM and collect from S damages from him Without subsidary liability for cost of materials Good Faith Bad Faith Bad Faith Appropriate what has been built, Recover value of materials from Recover necessary expenses for planted or sown without paying BPS (in pari delicto) land preservation indemnity and collect damages If BPS acquired improvements, Demolition / Restoration plus remove materials if possible without Loses improvements without right damages injury to indemnity from LO unless LO Sell to BP or collect rent from S No action against LO and may be sells the land plus damages liable for damages Bad Faith Good Faith Good Faith Appropriate what has been built, planted or sown after paying Remove materials if possible Remove improvements indemnity and damages to BPS without injury unless BPS decides to remove
Subsidiary liable to OM for Collect value of materials primarily Be indemnified for damages in any materials from BPS and subsidiarily from LO event
Bad Faith Good Faith Bad Faith
Appropriate what has been built, Collect value of the materials Right of Retention for necessary planted or sown after paying primarily from BPS; subsidiarily and useful expenses indemnity from LO Subsidiary liable to OM for Collect damages materials Pay value of materials to OM and Sell to BP except if value of land is If BPS acquired improvements, pay him damages considerably more and collect rent remove materials if possible without to S injury RULES Article 455-456 of the New Civil Code
RIGHTS AND OBLIGATONS OF THE PARTIES (Third Scenario)
Owner of the Materials - Builder, Planter, Sower
Landowner - (LO) (OM) (BPS) Good Faith Good Faith Bad Faith Collect value of materials primarily Appropriate what has been built, from BPS with damages, or Recover necessary and useful planted or sown without paying subsidiarily from LO without expenses indemnity and collect damages damages Loses improvements without right Sell to BP or rent to S and collect of indemnity from LO unless LO damages sells the land Demolish / Restore and collect Remove materials in any event if Loses right of retention damages BPS appropriated the materials Pay the necessary expenses to BPS Pay damages to LO Subsidiarily liable to OM without Primarily liable to pay value of damages materials plus damages Bad Faith Bad Faith Good Faith
Appropriate what has been built,
Indemnity for damages planted or sown and pay indemnity No indemnity and loses his rights and damages to BPS, unless BPS over the materials decides to remove Remove improvements in any event