Adjunction Conjunction
Adjunction Conjunction
[1]
Notes by: Cli ord Enoc
ARTICLE 466.
Adjunction de ned.
[3]
In Paras book, adjunction was de ned as the process by
virtue of which two movable things belonging to di erent
owners are united in such a way that they form a single
object. Example: A varnishes his chair with the varnish from
B.
✅ Characteristics of adjunction
In order that adjunction may take place, it is necessary
that:
(1) There are two movables belonging to di erent
owners;
(2) They are united in such a way that they form a single
object; and
🟧 Kinds of adjunction
Adjunction may take place in either of the following
ways:
Problem:
ARTICLE 467.
2021-10-19
ARTICLE 466.
Whenever two movable things belonging to di erent
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)
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.
(1) First Test — That to which the other has been united
as an ornament or for its use or perfection is the principal,
the thing added is the accessory;(Art. 467.) This is “the rule
of importance and purpose’’ ;
Note
#mnemonic PVV-M
2. Paras, supra . ↩
Special Rule
⭐
When separation of things
united allowed
In the following cases:
(1) Separation without injury. — Whenever the separation
can be done without injury (not destruction), their respective
owners may demand their separation. Here, there has been
no real accession. Article 469 apparently contemplates
adjunction by inclusion and by soldering in which separation
[28]
is possible without injury to the things united.
ARTICLE 469.
Expenses of Separation
The expenses for the separation of the objects should be
borne by the owner who cause the union or incorporation,
[31]
because he is the one responsible for the con ict of rights.
[32]
Here, there is no real accession. Hence, we have the
rule indicated in the rst paragraph.
ARTICLE 470.
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.
*Applicability of Option
ARTICLE 471.
[38][39]
Here, sentimental value must be considered.
commixtion or confusion
Right of accession
9. Rabuya, supra. ↩
22. (Ibid.) ↩
33. Ibid. ↩