Accession Industrial-Building/Planting

Art. 455, 453

Building/Planting

On the land of the Landowner, another person builds/plants with the use o

*The rights of the Landowner and the Builder/Planter are the same as th

Rights of Owner of Materials

Landowner is in good faith while both builder/planter and Owner of the m

Good faith
Bad faith
Builder/Planter
Landowner
Owner
of
the
-he is entitled to reimbursement from the builder/planter
-he loses all rights
principally
to be indemnified.
sinceBetween
it wasMoreover,
the
builder/planter
he can and
even
who
befirst
liable
made
formaterials
use
consequential
of the materials.
damages (as when the materials are of an inferior quality)
faith shall
govern
-can ask
forof
damages
from both Builder/Planter and Owner of the materials
-In case of insolvency on the part of the builder/planter, the Landowner is-good
subsidiarily
liable,
if he makes
use
the materials.

-Builder must reimburse the Owner-He

of the
may
materials,
appropriate
but in
what
casehas
Builder
been built
cannot
as pay,
his own,
the Landowner
without payment
will not
ofbe
any
subsidiarily
indemnity liable
for useful
because
or necessa
as to h
-If the builder pays, he cannot ask reimbursement
-Demand the demolition
from the Landowner
of the housebecause
at builders
as to expense
him, builder is in bad faith
-Compel builder to pay the price of the land whether the land is considerably more valuable than the building

-Landowner
-Builder/Planter
-Owner of the Materials

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