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Art. 447 Landowner-Bps (Lo) Owner of Materials (Om)

1. The document outlines the rights and obligations of landowners, builders/planters/sowers, and owners of materials in various situations of good faith and bad faith. 2. In situations of good faith, the landowner can appropriate works/plantings/sowings by paying necessary, useful, and luxurious expenses, or oblige payment of rent; the builder receives indemnity and right of retention; and the owner of materials must be paid for their value. 3. In situations of bad faith, the outcomes depend on the choices of the landowner, but may include losing works/plantings/sowings without indemnity, or acquiring them while paying indemn

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167 views4 pages

Art. 447 Landowner-Bps (Lo) Owner of Materials (Om)

1. The document outlines the rights and obligations of landowners, builders/planters/sowers, and owners of materials in various situations of good faith and bad faith. 2. In situations of good faith, the landowner can appropriate works/plantings/sowings by paying necessary, useful, and luxurious expenses, or oblige payment of rent; the builder receives indemnity and right of retention; and the owner of materials must be paid for their value. 3. In situations of bad faith, the outcomes depend on the choices of the landowner, but may include losing works/plantings/sowings without indemnity, or acquiring them while paying indemn

Uploaded by

Francis Puno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Art.

447
LANDOWNER-BPS (LO) OWNER OF MATERIALS (OM)
Good Faith (Apply same rule if both in Good Faith (Apply same rule if both in
bad faith) bad faith)
1. Can appropriate what he has build, 1. Entitled to full payment of the
planted and sown. However, he materials; OR
must pay the value of the materials. 2. Right to remove the same only in
(Art 447); OR case he can do so without injury to
2. Instead of appropriating the the work done (Art 447)
materials and paying for the value,
return the materials to the OM if
the materials can returned to the
latter in exactly the same form and
substance
Bad Faith Good Faith
1. Can acquire the materials plus 1. Entitled to full payment of the
payment of damages (Art 447) materials plus damages; OR
2. May remove his materials even if
there will be injury to the work plus
damages (Art. 447)
Good Faith Bad Faith
1. Can acquire the materials without 2. Loses his materials without right to
paying for the value therefore and indemnity and will be liable for
will be entitled to damages damages (Art 449 by analogy)

Art. 448
LANDOWNER (LO) BUILDER, PLANTER, SOWER (BPS)
Good Faith (Apply same rule if both in Good Faith (Apply same rue if both in bad
bad faith) faith)
Option 1: May appropriate as his own the 1. To receive indemnity for necessary,
works, sowing or planting upon payment useful and luxurious expenses (If
of Necessary (Increases value of the LO, wants to appropriate the
property) , Useful expenses (Incurred for luxurious improvements) (Art 448)
preservation of thing). and Luxurious and right of retention over the land
expenses ( If LO wants to appropriate the without obligation to pay rent until
luxurious improvements); (Art 448) he is indemnified by the owner
2. Remove useful improvements
Option 2: Oblige the BP (Cannot be provided it does not cause any
obliged if value is more than the building injury. (Art 547)
or trees) to buy land or S to pay proper 3. If LO does not appropriate
rent plus damages (Art 448) luxurious improvements, BPS can
remove the same provided the
principal thing does not suffer
injury (Art 548)
4. Purchase land when value is not
considerably more than that of
building or trees. (Art 448) If BPS
cannot pay the purchase price of
the land, LO is entitled to have the
improvement removed
5. If the value of the land is
considerably more than that of the
the building or trees, BPS cannot
be compelled to by the land. In
such case, BPS will pay reasonable
rent if the owner does not choose to
appropriate the building or trees
(Art. 448 )
Good Faith Bad Faith
Option 1: To acquire what has been built, 1.
Loses whatever has been built,
planted or sown without paying indemnity planted or sown without indemnity
plus damages and that the builder in bad and liable to pay for damages (Art
faith has no right to refund of any 449 in rel. to Art 451)
improvement built therein(Art 449 and 2.
Entitled to reimbursement for
Art 451) necessary expenses for preservation
Option 2: To compel BP to pay the price of land (Art 452)
of the land even if the price of the land is 3.
Obliged to remove or demolish
considerably more than the building or work done at his expense and pay
trees, plus damages (Art. 448) damages (Art 450)
Option 3 : To Compel BPS to remove or
demolish work done plus damages (Art
450 )
Bad Faith Good Faith
May acquire whatever has been built, Option 1: If LO acquires what has been
planted or sown by paying indemnity plus built planted or sown, BPS must be
damages (Art 447 in rel. to Art 454) indemnified the value thereof plus
damages

Option 2: Demand the return of his


materials, regardless if there is injury, plus
damages
LANDOWNER BUILDER. PLANTER OWNER OF
SOWER MATERIALS
Good Faith Good Faith Good Faith
Option 1: May appropriate To receive indemnity from BPS must pay the value of
as his own the works, LO with right of retention the materials. If BPS is
sowing or planting upon until full payment insolvent, to proceed
payment of Necessary against LO who is
(Increases value of the subsidiarily liable (Art.
property) , Useful 455)
expenses (Incurred for
preservation of thing). and
Luxurious expenses ( If
LO wants to appropriate
the luxurious
improvements); (Art 448)

Option 2: Oblige the BP


(Cannot be obliged if value
is more than the building or
trees) to buy land or S to
pay proper rent plus
damages (Art 448)
Good Faith Good Faith Bad Faith
Same as above Same as above Loses what has been built,
planted or sown without
any right to indemnity plus
damages

Good Faith Bad Faith Bad Faith


Option 1: To acquire what 1. Loses whatever has (Since both BPS and
has been built, planted or been built, planted OM in bad faith, treat
sown without paying or sown without them both as in GF)
indemnity plus damages indemnity and liable
and that the builder in bad to pay for damages 1. Whatever is the
faith has no right to refund (Art 449 in rel. to choice of the LO,
of any improvement built Art 451); Entitled to OM has the right to
therein(Art 449 and Art reimbursement for receive indemnity
451) necessary expenses for value of
Option 2: To compel BP to for preservation of materials from BPS
pay the price of the land land (Art 452) only. LO is not
even if the price of the land 2. To pay the price of subsidiarily liable
is considerably more than the land even if the 2. If LO, chooses
the building or trees, plus price of the land is option 1, OM has no
damages (Art. 448) considerably more right of removal
Option 3 : To Compel BPS than the building or even if there will be
to remove or demolish trees, plus damages no injury or damage
work done plus damages (Art 451) 3. If LO chooses
(Art 450 ) 3. Obliged to remove option 2, OM has
or demolish work right to remove
done at his expense provided there will
and pay damages be no injury or
(Art 450) damage
Bad Faith Good Faith Good Faith
May acquire whatever has To receive indemnity from BPS must pay the value of
been built, planted or sown the LO plus damages the materials. If BPS is
by paying indemnity plus insolvent, to proceed
damages (Art 447 in rel. to against LO who is
Art 454) subsidiarily liable (Art.
455)
Bad Faith Good Faith Bad Faith
Same as above Same as above Loses what has been built,
planted or sown without
any right to indemnity plus
damages

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