CHAPTER TWO - RIGHT OF ACCESSION

a)

GENERAL PROVISIONS
Article 440. The ownership of property gives the right by
accession to everything which is produced thereby, or
which is incorporated or attached thereto, either naturally
or artificially.
B.

What is accession?
Accession is the right by virtue of which the owner of a thing
becomes the owner of everything that is:
1.

2.

produced thereby (accession discreta);

A. natural fruits
B. industrial fruits
C. civil fruits
incorporated or attached thereto (accession
continua), either:
A. naturally (accession natural)
B. artificially (accession artificial/industrial)

What are the kinds of accession?

1.

2.

Accession Discreta (To the Fruits)

A. Natural fruits
B. Industrial fruits
C. Civil fruits
Accession Continua (Attachment or Incorporation)
A. With reference to real property

Accession industrial
i.
Building
ii.
Planting
iii.
Sowing
b) Accession natural
i.
Alluvium
ii.
Avulsion
iii.
Change of course of rivers
iv.
Formation of islands
With respect to personal property
a) Adjunction or conjunction
i.
Inclusion (engraftment)
ii.
Soldadura (attachment)
iii.
Tejido (weaving)
iv.
Pintura (painting)
v.
Escritura (writing)
b) Mixture
i.
Confusion (liquids)
ii.
Commixtion (solids)
c) Specification

Is accession a mode of acquiring ownership?

Accession is not a mode of acquiring ownership. It is
merely a consequence of the right of ownership.
Article 441. To the owner belongs:
o
o
o

The natural fruits;

The industrial fruits;
The civil fruits.