Section 2: Right of accession in relation to movable property

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.

If, however, the labour were so great that it far exceeded the value of the material employed, the industry would then be deemed the principal part, and the workman would have the right to retain the thing worked, by refunding to the owner the price of the material, estimated at the date of the refund.

Where a person has used in part the material which belonged to him and in part that which did not belong to him to form a thing of a new kind, without either of the two materials being entirely destroyed, but in such a way that they cannot be separated without inconvenience, the thing is common to the two owners, in proportion, as regards the one, to the material which…

Where a thing has been formed by the mixture of several materials belonging to different owners, but none of which can be regarded as the principal material, if the materials can be separated, the one without whose knowledge the materials have been mixed may apply for their division. If the materials can no longer be separated without inconvenience, they acquire joint ownership in proportion to the quantity, quality and value…

If the material belonging to one of the owners were far superior to the other in quantity and price, in that case the owner of the material superior in value could reclaim the thing arising from the mixture by reimbursing the other for the value of his material, estimated at the date of reimbursement.