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ACCESSION CONTINUA ARTIFICIAL - Coggle Diagram
ACCESSION CONTINUA ARTIFICIAL
OWNER OF THE LAND
Right to own whatever is built, planted, or sown, improvements and repairs by another on their land (445)
Presumption that all works, sowing, and planting are made by them at their expense
EXC
: UNLESS THE CONTRARY IS PROVED
Pay the value of plantings, constructions, or works made with materials of another (447)
IF IN BAD FAITH
Obliged to pay reparation of damages (447)
Right to appropriate anything built, planted, or sown in good faith (448)
QLF:
After payment of indemnity for necessary and useful expenses (546) and expenses for removal of expenses for pure luxury (548) (448)
OR
Right to oblige builder or planter to pay the price of land
Right to obliger sower to pay the proper rent (448)
Right to demand demolition of the work, or removal of planting or sowing to replace things in their former condition at builder, planter, sower's expense (450)
QLF:
Building, planting, sowing in BAD FAITH
OR
Right to compel builder or planter to pay the price of the land, and sower the proper rent
CONSEQUENTLY: Right to damages from builder, planter, sower (451)
If in bad faith alongside builder, planter, sower, then rights will be as if both were in good faith (453)
MEANING OF BAD FAITH OF LANDOWNER:
Whenever the act was done with his knowledge and without opposition on their part
Answer subsidiarily for value of materials, plants, or seeds tha belong to a perosn not in bad faith (455)
QLF:
One who made use of them has no property of which to pay
EXC
: Not apply if the owner makes use of the right to demand demolition of work, or removal of planting or sowing by 450
In bad faith, but builder, planter, or sower in good faith, 447 rules apply (454)
OWNER OF MATERIALS
Right to remove materials (447)
QLF: IF wtthout injury to the work constructed OR without plantints, constructions, or works being destroyed (447)
QLF: LANDOWNER IN BAD FAITH
Right to remove in any event and right to be indemnified for damages (447)
BUILDER, PLANTER, SOWER
Cannot be obliged to buy the land (448)
QLF:
If land's vale is considerably more than building or trees, then shall pay reasonable rent
IF
owner of land doesn't choose to appropriate buildings or trees after proper indemnity (448)
Loses what is built, lanted, or sown without right to indmenity without right to indemnity (449)
CONSEQUENTLY: Right to damages from builder, planter, sower (451)
Right to reimbursement for necessary expenses of preservation of the land (452)
QLF:
Builder, planter, or sower in BAD FAITH
If in bad faith alongside landowner then rights will be as if both were in good faith (453)
Right to demand from landowner the value of materials and labor (455)
QLF:
If builder, planter, sower paid the owner of materials
ALL PARTIES
The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof (449)
Good faith does not necessarily exclude negligence, which gives right to damages under article 2176 (456).