RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY
Art. 466. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value. (375)
ADJUNCTION
Process by virtue of which 2 movable things belonging to different owners are united in such a way that they form a single object
DIFFERENT KINDS OF ADJUNCTION
1. Inclusion/engraftment
2. Soldadura/soldering
3. Escritura/writing
4. Pintura/painting
5. Weaving/tejido
Art. 467. The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection. (376)
Art. 468. If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one, the thing of the greater value shall be so considered, and as between two things of equal value, that of the greater volume.
In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. (377)
TEST TO DETERMINE WHICH IS THE PRINCIPAL AND WHICH IS THE ACCESSORY
1. That to which the other has been united as an ornament, or for its use, or perfection
2. That of greater value
3. That of greater volume
4. That which has greater merits
SPECIAL RULE
In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. (377)
IF THE ADJUNCTION CONCERNS THREE OR MORE THINGS
Determine which really is the principal
All the rest should be considered as accessories
Art. 469. Whenever the things united can be separated without injury, their respective owners may demand their separation.
Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury. (378)
RULE WHERE THERE CAN BE SEPARATION WITHOUT INJURY
There is no real adjunction
In the second paragraph, if the accessory is much more precious than the principal, then there can be removal although with injury
Art. 470. Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered.
If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages.
If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. (379a)
Art. 471. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal. (380)
HOW INDEMNITY IS PAID
Either by delivery of the thing equal in kind and value OR
Payment of price as appraised by experts
This rule is applicable if there was no consent of the owner
Art. 472. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused. (381)
Art. 473. If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners shall be determined by the provisions of the preceding article.
If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused, besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed. (382)
Art. 474. 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.
If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself, after first paying indemnity for the value of the work, or demand indemnity for the material.
If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without paying anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered. However, the owner of the material cannot appropriate the work in case the value of the latter, for artistic or scientific reasons, is considerably more than
that of the material. (383a)
Art. 475. In the preceding articles, sentimental value shall be duly appreciated. (n)