Accession Industrial Table of Rights and Obligations

LANDOWNDER GOOD FAITH Rights: Art. 448 – options 1) Appropriate as his own the works, sowing or planting after payment of indemnity to BPS 2) Oblige the one who built/planted to pay the price of the land (exception: when the value of the land is considerably more than that of the building or tress – reasonable rent); the one who sowed, proper rent Obligation: Art. 455 • Answer subsidiarily to the owner of materials GOOD FAITH Rights: Art. 448 – options 3) Appropriate as his own the works, sowing or planting after payment of indemnity to BPS 4) Oblige the one who built/planted to pay the price of the land (exception: when the value of the land is considerably more than that of the building or tress – reasonable rent); the one who sowed, proper rent Obligation • No obligation to pay the OM for the cost of the materials GOOD FAITH Rights: Options Art. 449 • Acquire improvements without paying indemnity Art. 450 1) Demand demolition of the work, or that the planting or sowing be removed at the expense of BPS; or 2) Compel the BP to pay the price of the land, and S the proper rent Art. 451 • In cases of the 2 preceding articles, collect damages

BUILDER, PLANTER, SOWER GOOD FAITH Rights: Art. 546 • Right to be refunded with necessary expenses • Right to retain the thing until he has been reimbursed the necessary expenses Art. 548 • Expenses for pure luxury – Remove ornaments if the principal thing suffers no injury if the LO does not prefer to refund the amount Obligation: Art. 455 • Primarily liable to the owner of the materials for the their cost GOOD FAITH Rights: Art. 546 • Right to be refunded with necessary expenses • Right to retain the thing until he has been reimbursed therefor Art. 548 • Expenses for pure luxury – Remove ornaments if the principal thing suffers no injury if the LO does not prefer to refund the amount Obligation • Right to keep the materials without obligation to pay the OM for the cost of the materials BAD FAITH Art. 449 • Loses what is built, planted or sown without right to indemnity UNLESS Art. 450 – LO sells the land to BP or rent to sower Art. 452 • Entitled to reimbursement for the necessary expenses of preservation of the land

OWNER OF MATERIALS GOOD FAITH Rights: Art. 447 • To remove the materials only in case he can do so without injury to the work constructed or without the plantings, constructions or works being destroyed Art. 455 • Collect value of materials primarily from BPS and subsidiarily from LO

BAD FAITH Art: 449 • Loses the materials without right to indemnity

BAD FAITH Rights: Art. 455 • Recover value from BPS (as if both acted in good faith) • No action against LO Art. 447 • If BPS acquires improvements, remove materials if can be done without causing injury

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Obligation: Art. 452 • Reimburse BPS for the necessary expenses of preservation of the land BAD FAITH Art. 453 Rights of one and the other shall be the same as though both had acted in good faith BAD FAITH GOOD FAITH GOOD FAITH Obligations: Rights: Rights: Art. 454 (apply Art. 447) Art. 447 Art. 447 • Acquire improvements after • Remove improvements in • Remove materials without paying indemnity and any event with a right to be injury damages to BPS indemnified for damages Art. 455 Art. 455 • Collect value of materials • Answer subsidiarily to the primarily from BPS and owner of materials subsidiarily from LO BAD FAITH BAD FAITH GOOD FAITH Rights: Rights: Rights: Art. 448 – options Art. 546 Art. 455 5) Appropriate as his own the • Right to be refunded with • Collect value of materials works, sowing or planting necessary expenses primarily from BPS and after payment of indemnity • Right to retain the thing subsidiarily from LO to BPS Art. 447 until he has been 6) Oblige the one who • If BPS acquires reimbursed therefor built/planted to pay the Art. 548 improvements, collect price of the land damages and remove • Expenses for pure luxury – (exception: when the value materials in any event Remove ornaments if the of the land is considerably principal thing suffers no more than that of the injury if the LO does not building or tress – rent); the prefer to refund the amount one who sowed, proper rent Obligation: Obligation: Art. 455 Art. 455 • Primarily liable to the • Answer subsidiarily to the owner of the materials for owner of materials the their cost • Pay damages to OM GOOD FAITH BAD FAITH GOOD FAITH Rights: Art. 449 Rights: Options Art. 455 • Loses what is built, planted Art. 449 • Collect value of materials or sown without right to • Acquire improvements indemnity and damages primarily without paying indemnity UNLESS from BPS and subsidiarily Art. 450 Art. 450 – LO sells the land from LO 3) Demand demolition of the to BP or rent to sower Art. 447 work, or that the planting Right: • If BPS acquires or sowing be removed at Art. 452 improvements, collect the expense of BPS; or • Entitled to reimbursement damages and remove 4) Compel the BP to pay the for the necessary expenses materials in any event price of the land, and S the of preservation of the land proper rent Art. 451 • In cases of the 2 preceding articles, collect damages Obligation: Art. 452 • Reimburse BPS for the

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necessary expenses of preservation of the land BAD FAITH Obligations: Art. 454 (apply Art. 447) • Acquire improvements after paying indemnity and damages to BPS

GOOD FAITH Art. 447 (and Art. 454) • Indemnity for damages • Remove improvement in any event

BAD FAITH Art. 449 • Lose materials without right to indemnity

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