Kinds of accession (Art.

440)

1. Accession Discreta : right of owner to anything produced by his property

2. Accession Continua : right of the owner to anything incorporated or attached to his

property, whether or not the attachment is natural or artificially

Accession Discreta : a. natural fruits

b. industrial fruits
c. civil fruits

Accession Continua :

A. IMMOVABLES : industrial or natural accession -

based on the manner the attachment or incorporation takes place

1. industrial accession : incorporation is artificial

a. building
b. planting
c. sowing

2. natural accession : accession by natural means

a. alluvion
b. avulsion
c. change of course of river
d. formation of islands

B. MOVABLES

1. adjunction or conjunction
2. commixtion or confusion
3. specification

1. adjunction or conjunction

a. inclusion (engraftment)
b. soldadura (attachment
c. Tejido (weaving)
d. pintura (painting)
e. excritura (writing)

Accession Discreta : a. natural fruits

b. industrial fruits
c. civil fruits
Rule in Accession Discreta : right of the owner to the products of his property or to the fruits
(Art. 441)
Exceptions:
 1. Usufruct : usufructuary is entitled to to enjoyment of the property subject
matter of the usufruct and its fruits

Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property
in usufruct. With respect to hidden treasure which may be found on the land or tenement, he shall be
considered a stranger. (471)

2. lease of rural lands : lessee is entitled to the natural and industrial fruits of the
thing leased; the owner's entitlement is to the civil fruit in
the form of the rent paid by the lessee

Title VIII. - LEASE: LEASE OF RURAL AND URBAN LANDS

Art. 1654. The lessor is obliged:

(1) To deliver the thing which is the object of the contract in such a condition as to render it fit
for the use intended;

(2) To make on the same during the lease all the necessary repairs in order to keep it suitable for
the use to which it has been devoted, unless there is a stipulation to the contrary;

(3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire
duration of the contract. (1554a)

Art. 1676, 2nd para: xxx

If the buyer makes use of this right, the lessee may demand that he be allowed to gather the fruits of the
harvest which corresponds to the current agricultural year and that the vendor indemnify him for
damages suffered.

3. antichresis : Creditor acquires the right to receive the fruits of the immovable
of his debtor, with the obligation to apply them to the payment of
interest, if any, and then to the principal of his credit

Art. 2132. By the contract of antichresis the creditor acquires the right to receive the fruits of an
immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and
thereafter to the principal of his credit. (1881)
4. Possession in Good Faith : possessor in GF is entitled to the fruits he receives
before his legal possession is interrupted

Art. 544. A possessor in good faith is entitled to the fruits received before the possession is legally
interrupted.
Natural and industrial fruits are considered received from the time they are gathered or severed.

Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion.
(451)

5. fruits naturally falling: fruits that fall in an adjacent land belong to the owner of
that land and not to the owner of the tree

Art. 681. Fruits naturally falling upon adjacent land belong to the owner of said land. (n)

Production expense Art. 443

Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third person in
their production, gathering, and preservation. (356)

a. applies when the person who receives the fruits is not the one who spent in
the production, gathering and preservation

b. applies when fruits have already been gathered/harvested

c. what expenses are refundable

1. those necessary for the annual production, not improvement of the

property

2. expenses must not be luxurious or excessive, but are necessary and

are needed by the property

> applies when the property is in the possessor of a possessor in bad faith

Art. 549. The possessor in bad faith shall reimburse the fruits received and those which the
legitimate possessor could have received, and shall have a right only to the expenses mentioned in
paragraph 1 of Article 546 and in

Article 443. The expenses incurred in improvements for pure luxury or mere pleasure shall not be
refunded to the possessor in bad faith, but he may remove the objects for which such expenses have
been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not
prefer to retain them by paying the value they may have at the time he enters into possession. (445a)

Principle:

Accession Continua : right of the owner to anything incorporated or attached to his

property, whether or not the attachment is natural or artificially

Rule on Accession Continua : applies in the absence of an agreement between the parties

Principles:
 1. the attachment or incorporation is such that they cannot be separated without injury, whether in
part or in whole (Article 447)

2. rule that the accessory follows the principal: the accessory can be rightfully claimed by
the owner of the pricipal thing (Article 466)

3. No unjust enrichment (Art. 466)

4. good faith relieves a person from laibility - he may be held responsible but not punished (Art.
447)

5. a person in bad faith is liable for damages and other consequences Art. 449 and 451)

6. mutual bad faith (“in pari delicto”) cancels out liabilities of the parties (Article 453)

INDUSTRIAL ACCESSION : incorporation is artificial

a. building
b. planting
c. sowing

3 persons involved in these situations:

1. owner of the land

2. builder, planter or sower
3. owner of materials

Article 447.

Article 455.

landowner uses materials belonging to another but makes improvements on his own land

good faith or bad faith rule

a. landowner and material owner both in GF
b. both in BF
c. landowner in GF; material owner in BF
d. landowner in BF; material owner in GF