Islands and landings that form in non-domain watercourses belong to the riparian owners on the side where the island has formed: if the island is not formed on one side only, it belongs to the riparian owners on both sides, starting from the line that is assumed to be drawn in the middle of the watercourse.
If a watercourse, in forming a new branch, cuts across and embraces the field of a riparian owner, and makes an island of it, that owner retains ownership of his field, even though the island has formed in a state-owned watercourse.
If a state-owned watercourse forms a new course by abandoning its old bed, the riparian owners may acquire ownership of this old bed, each in his or her own right, up to a line assumed to be drawn through the middle of the watercourse. The price of the old bed is fixed by experts appointed by the president of the court in the location of the place, at the request…
Pigeons, rabbits, fish, which pass into another dovecote, rabbit warren or body of water referred to in articles L. 431-6 and L. 431-7 of the Environment Code belong to their owner, provided they have not been lured there by fraud or artifice.
The right of accession, when it has as its object two movable things belonging to two different masters, is entirely subordinate to the principles of natural equity. The following rules will serve as an example for the judge to determine, in cases not provided for, according to the particular circumstances.
Where two things belonging to different masters, which have been united so as to form a whole, are nevertheless separable, so that one can subsist without the other, the whole belongs to the master of the thing which forms the principal part, on the charge of paying to the other the value, estimated at the date of payment, of the thing which has been united.
A main part is deemed to be that to which the other has been joined only for the use, ornament or complement of the first.
Nevertheless, when the thing joined is much more valuable than the main thing, and when it has been used without the owner’s knowledge, the owner may request that the thing joined be separated in order to be returned to him, even when this could result in some deterioration of the thing to which it was joined.
If of two things united to form a single whole, one cannot be regarded as the accessory of the other, that one is deemed to be principal which is the more considerable in value, or in volume, if the values are approximately equal.
If a craftsman or any other person has used material which did not belong to him to form a thing of a new kind, whether or not the material can return to its first form, the person who was the owner of the material has the right to reclaim the thing formed from it by reimbursing the price of the labour estimated at the date of reimbursement.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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