Professional Documents
Culture Documents
Bad Faith
Since LO acted in bad faith he is obliged to:
1. Indemnify (pay) OM for the value of the materials; (Art. 447)
2. Indemnify (pay) OM for damages; (Art. 447)
Good Faith
Since OM acted in good faith he has the first right to choose remedy:
1. Right to be indemnified (paid) for the value of the materials; (Art.
447)
2. Right to be indemnified for damages; (Art. 447)
3. Absolute right of remove/retrieve of the work constructed, in any
event. (Art. 447)
Legal effect: Having acted in bad faith LO shall also suffer the other
unfavorable consequences of his act. (whatever OM chooses)
Good Faith
Since LO acted in good faith the principal (land owner + builder) has the
first right to choose a remedy:
1. Appropriate/ acquire improvements without paying indemnity for the
cost of materials to the OM; (Art. 449)
2. Right to be indemnified for damages.
Bad Faith
Since OM acted in bad faith he has:
1. Loses his material without any right to indemnity; (Art. 449)
2. Liable to the land owner for damages.
SCENARIO 2. The Builder, Planter and Sower using his own material, plants, build or sows at the Land of Another.
Landowner (LO)
Good Faith
Since both acted in good faith, a conflict of rights arises (state of forced coownership). It is necessary to protect the owner of the improvements (OM)
without causing injustice to the owner of the land.
The owner of the land choses the first option because his right is older and by
the principle of accession he is entitled of the ownership of the accessory thing
(the accessory follows the principal): (HE MUST CHOOSE ONE, otherwise the
COURT WILL FIX IT)
1. Appropriate/ acquire improvements after paying indemnity;
2. Sell the land to BP (unless the value of the land is considerably
greater than the improvements forced lease) or collect rent from the
sower (Art 448)
*if BP/OM is insolvent remedy of remotion (removal of the improvement)
remedy of retention (as is where is)
Builder, Planter and Sower is the Owner of the Material (BPS + OM)
Good Faith
Since both acted in good faith the Builder, Planter, and Sower and the
Owner of the Material
1. Right to be indemnified (paid) for the value of the materials and
cost of labor; (Art. 448) *if LO insolvent Right to retention
(non-payment of rent pending reimbursement)
Bad Faith
LO acted in bad faith he is obliged to:
Indemnify (pay) OM for the value of the materials; (*Art.447 )
Indemnify (pay) OM for damages; (*Art. 447)
Landowner has no option to sell the land and cannot compel BPS/OM to
buy the land.
Good Faith
Since LO acted in good faith the principal (land owner) has the first right to
choose a remedy:
1. Appropriate/ acquire improvements (built, planted or sown) without
2
Good Faith
Since BPS/OM acted in good faith he has the first right to choose
remedy:
1. Right to be indemnified (paid) for the value of the materials and
cost of labor; (*Art. 447)
2. Absolute right of remove/retrieve of the work constructed, in
any event, even if it will damage the property (except sower);
(*Art. 447)
3. Right to buy the land for BP and non-payment rental for Sower
until harvest.
*All options has a RIGHT to be indemnified for damages;
(*Art. 447)
Bad Faith
Since BPS/OM acted in bad faith he has:
1. Loses improvements without any right to indemnity; (Art. 449)
2. Entitled to reimbursement of necessary expenses in
paying indemnity for the cost of materials and labor to BPS/OM; (Art.
449)
2. Order demolition of improvements or restoration of lands to its former
condition at the expense of the BPS/OM.(Art 450) (right of remotion)
3. Compel BP/OM to pay the price of the land (EVEN IF the value of the
land is considerably greater than the improvements forced lease)
or collect rent from the sower; (Art. 451)
*All options has a RIGHT to be indemnified for damages;
Good Faith
1. Right of retention until necessary and
useful expenses are paid;
2. Keep BPS without indemnity to OM and
collect damages from him
Bad Faith
1. Lose the material without right to
indemnity
2. Must pay damages to BPS
Bad Faith
1. Entitled to reimbursement of necessary
expenses in preservation of the land;
Bad Faith
1. Collect value of material primarily
from BPS and if BPS is insolvent
landowner is subsidiary liable