Rights of Accession with Respect to Movable

Property

1.Adjunction (Article 466)

2.Mixture (Article 472 & 473)
3.Specification (Article 474)

BASIC PRINCIPLE: Accession exists only if separation

is not feasible. Otherwise, separation may be
demanded.
1) ADJUNCTION
the union of two things belonging to different owner, in such a manner
that they cannot be separated without injury, thereby forming a single object.

REQUISITES
a) the two things must belong to different owners
b) That they form a single object, and that their separation would impair their
nature

KINDS OF ADJUNCTION

inclusion or engraftment
soldadura or soldering
escritura or Writing
pintura or Painting
weaving or tejido
RULES GOVERNING ADJUNCTION

GOOD FAITH BY EITHER OWNER

GENERAL RULE: accessory follows the principal.

EXCEPTION: if the accessory is much more precious than the principal, the
owner of the accessory may demand the separation even if the principal
suffers some injury

BAD FAITH
Bad Faith – owner of the accessory
• he losses the accessory
• he is liable for damages

Bad faith - principal owner

option of the accessory owner:
• to recover the value plus damages
• to demand separation plus damages

BAD FAITH – BOTH OWNERS

• BF + BF = GF
 When separation of things allowed:
• Separation without injury
• Accessory is more valuable than the principal
• Owner of the principal acted in bad faith

Test to determine principal in adjunction

1. The rule of importance or purpose
2. That of the greater value
3. That of the greater volume
4. That of greater merits

Special Rule: In painting and other artistic works, the metal, board,
canvass, parchment used shall be deemed the accessory thing.
How Indemnity is paid
• Either by deliver of the thing equal in kind and value
• Or payment of price as appraised by experts

*This rule is applicable only when there is no consent of the principal or

accessory owner.

2) MIXTURE
union of materials where the components lose their identity.

TWO KINDS OF MIXTURE

• Commixtion – mixture of solid things
• Confusion – mixture of liquid things
RULES GOVERNING MIXTURE

• by will of the owners

1. Stipulation
2. In proportion to the value of the material

• by good faith or by chance

each owner acquires an interest in proportion to the value of his material

a) Things mixed are of same kind and quality – no conflict of right; in proportion
b) Things mixed are of different kind and quality – co-ownership arises

• by owner in bad faith

Loss of thing belonging to him plus indemnity for the damages.

• with knowledge but without objection

rights shall be determined as if acted in GF
 3) SPECIFICATION
it is the transformation of another’s material by the application of labor.
The material becomes a thing of different kind.

LABOR is the principal

RULES GOVERNING SPECIFICATION

a) Owner of the principal (worker) in good faith
• maker acquires the new thing
• he must indemnify the owner of the material

EXCEPTION: if the material is more valuable than the new thing, the owner
of the material has the option:
a) to acquire the work, indemnify for the labor or
b) to demand indemnity for the material
b) Owner of the principal (worker) in bad faith
Owner of the material has the option to:
• acquire the new thing without indemnity
• to demand payment of the materials plus damages

EXCEPTION: for artistic or scientific reason, option a is not available for the
reason of unjust enrichment.

c) Owner of the material in bad faith

a) he loses the material
b) he is liable for damages

d) Use of material with consent and without objection

• The rights shall be determined as if both acted in GF
 DISTINCTIONS

ADJUNCTION MIXTURE SPECIFICATION

Involves at least Involves at least two May involve one thing
two things things (or more) but form is
changed

Accessory follows Resulted to co- Accessory follows the

the principal ownership principal

Things combined Things mixed or The new thing retains

retain their nature confused may either or preserves the
retain or lose their nature of the original
respective nature object.