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    448 - LO and BPS in Good Faith

    Uploaded by

    Shella Hannah Salih
    This document summarizes various Civil Code provisions related to ownership, possession, and accession. It discusses the rights and obligations of landowners, builders in good faith, and builders in bad faith. Key points include: 1) Under Article 448, the landowner has the first option to acquire any improvements made by a builder in good faith, as the landowner has a better right as the principal owner. 2) Article 548 allows a builder in good faith to remove any luxurious expenses if the landowner does not acquire the land, but the landowner must pay the actual value if acquiring the improvements. 3) The right of retention gives a builder in good faith actual possession of the land and

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    © All Rights Reserved
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    448 - LO and BPS in Good Faith

    Uploaded by

    Shella Hannah Salih
    57 views2 pages
    This document summarizes various Civil Code provisions related to ownership, possession, and accession. It discusses the rights and obligations of landowners, builders in good faith, and builders in bad faith. Key points include: 1) Under Article 448, the landowner has the first option to acquire any improvements made by a builder in good faith, as the landowner has a better right as the principal owner. 2) Article 548 allows a builder in good faith to remove any luxurious expenses if the landowner does not acquire the land, but the landowner must pay the actual value if acquiring the improvements. 3) The right of retention gives a builder in good faith actual possession of the land and

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    448_-LO-and-BPS-in-good-faith

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    This document summarizes various Civil Code provisions related to ownership, possession, and accession. It discusses the rights and obligations of landowners, builders in good faith, and builders in bad faith. Key points include: 1) Under Article 448, the landowner has the first option to acquire any improvements made by a builder in good faith, as the landowner has a better right as the principal owner. 2) Article 548 allows a builder in good faith to remove any luxurious expenses if the landowner does not acquire the land, but the landowner must pay the actual value if acquiring the improvements. 3) The right of retention gives a builder in good faith actual possession of the land and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views2 pages

    448 - LO and BPS in Good Faith

    Uploaded by

    Shella Hannah Salih
    This document summarizes various Civil Code provisions related to ownership, possession, and accession. It discusses the rights and obligations of landowners, builders in good faith, and builders in bad faith. Key points include: 1) Under Article 448, the landowner has the first option to acquire any improvements made by a builder in good faith, as the landowner has a better right as the principal owner. 2) Article 548 allows a builder in good faith to remove any luxurious expenses if the landowner does not acquire the land, but the landowner must pay the actual value if acquiring the improvements. 3) The right of retention gives a builder in good faith actual possession of the land and

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    © All Rights Reserved
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    1) 448: LO and BPS in good faith

    a) Kaninong option ang ineexercise under 448? Landowner has the first option because he has a
    better right.
    - So what? Because in accession, accessory follows the principal.
    - Right/options of landowner?
    - Rights/option of BPS?
    - Ano yung babayaran sa kanya?
    2) Rules regarding luxurious expenses? 548
    a) BPS has right to remove luxurious pag di acquire ni LO
    b) Pero pag acquire ni LO lahat, babayarin ni LO yung mismong value nung luxurious thing
    3) Define these 3 expenses
    4) Right of retention of BPS anu ano yun? 1) Actual possession of land, 2) may remove the useful
    improvements provided the they do not cause injury to property, 3) with respect to luxurious, may also
    remove
    a) Ano pwedeng gawin ni BPS sa aircon na nilagay niya while exercising the right of retention?
    SO pwede tanggalin to ni BPS during right of retention
    b) Is bPS required to pay rent while in possession? (no, habang di pa nagbabayad ng indemnity
    si LO)
    5) EXAMPLE OF LUXURIOUS? Fountain..
    6) Sa forced lease sino magsasabi ng price?
    7) When will transfer of ownership happen pag binenta na ng LO/LO Elects yung land sa BPS? Rule on
    sales ata to lol
    8) What if BP fails to pay the price of the land?
    9) What if Sower fails to pay the rentals? Answer for 8&9: accion INTERDICTAL daw ejectment
    10) A&B co-owners. After partition, house built by B was encroaching the land of A. can we apply 448?
    11) 448 by analogy ano cases na mag aapply

    449
    1) When can a BPS be in bad faith
    2) Rules when BPS in bad faith and LO is good faith? Alternative rights of LO under 449 &450. 3 yun
    check p169 de leon
    3) Ano ulit mababyaran sa BP in bad faith? Necessary expenses, and luxurious, and whatever has been
    made to gathered, production and preservation(443)
    a) BOTH CASES the BPS is entitled to be indemnidfied to luxurious if the LO chooses to acquire.
    Pag bF si bps, maiindemnify siya sa luxurious but only on thevalue at the time of taking. Pag
    GF si bps, LO must pay kung magkano talaga binayad ni BPS sa fountain.
    443
    1) Covers? When fruits have already been gathered when the owner covers possession. Does not
    distinguish gf or bf.
    2) How to reconcile with 449

    **Hiniihimay yung each option ng LO and BPS sa 448 ahh

    2nd option?

    1) 2ooo worth planting for mango tree, BPS knows that the land is not his. LO wants to sell property to P
    worth 1M. Can P say that u cannot compel me to buy that land because 2000 pesos lang naman yung
    tree? YES. LO can compel P kasi in BF si P.

    1) Pano pag LO is bad faith and BPS is in good faith


    2) What if LO BPS in bad faith
    3) 455
    4) Sa 455, na magbabayad si LO subsidiary.. Aapply ba yun sa lahat ng cases? No. kung minake use
    yung right nya granted under 450 which is yung isell niya, therefore di siya subsidiary liable sa OM
    5) B uses materials(500k) of O in building a house on the lot owned by L valued at 1M(house). L bought
    the land paid the necessary expenses. Di pa binabayaran ni B si O. can B go against L?
    6) LO GF, BPS BF, OM BF --- recover value of materials from BPS only. No action against LO si OM
    a) Bakit di subsidiary liable si LO na GF? Ano basis HAHAHAHHA mermaid jk applies 449 daw

    447
    1) When can OM remove materials used by BPS?
    a) Note: right of removal of OM under 447 can only be exercised when the LO chooses 2nd
    option which is to sell the land to BP or rent the land to S. kasi in this case, it is the BPS who
    ends up benefiting the Materials
    ● KAHIT IN GF, pero negligent, still liable of damages for NEGLIGENCE

    *ACCESSORY ALWAYS FOLLOW PRINCIPAL


    * PERSON IN BF must always pay damages
    *si BPS kahit in BF entitled pa rin under 443 pls check kasi unjust enrichment yun

    HW:
    Start accession natural
    Pero review rules on industrial pa rin

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