RULES

Article 455-456 of the New Civil Code

RIGHTS AND OBLIGATONS OF THE PARTIES (Third Scenario)

Owner of the Materials - Builder, Planter, Sower

Landowner - (LO)
(OM) (BPS)
All Acted in Good Faith
Appropriate what has been built,
planted or sown after payment of Collect value of materials primarily Right of retention until payment of
indemnity to BPS and be from BPS and subsidiarily from LO indemnity for necessary and useful
subsidiarily liable to OM for the if BPS is insolvent expenses
value of materials
Sell the land to BP except if its
Remove materials only if he can Primarily liable to pay value of
value is considerably more and
without injury materials to OM
acquire rentals from S
All Acted in Bad Faith
Appropriate what has been built,
planted or sown after payment of Collect value of materials primarily Right of retention until payment of
indemnity to BPS and be from BPS and subsidiarily from LO indemnity for necessary and useful
subsidiarily liable to OM for the if BPS is insolvent expenses
value of materials
Sell the land to BP except if its
Remove materials only if he can Primarily liable to pay value of
value is considerably more and
without injury materials to OM
acquire rentals from S
Good Faith Bad Faith Good Faith
Appropriate what has been built,
Lose materials without right to Right of Retention for necessary
planted or sown after payment of
indemnity and useful expenses
indemnity to BPS
Sell the land to BP except if its
value is considerably more; then,
Keep improvements without
forced lease and acquire rentals
Pay damages indemnity to OM and collect
from S
damages from him
Without subsidary liability for cost
of materials
Good Faith Bad Faith Bad Faith
Appropriate what has been built,
Recover value of materials from Recover necessary expenses for
planted or sown without paying
BPS (in pari delicto) land preservation
indemnity and collect damages
If BPS acquired improvements,
Demolition / Restoration plus
remove materials if possible without Loses improvements without right
damages
injury to indemnity from LO unless LO
Sell to BP or collect rent from S No action against LO and may be sells the land
plus damages liable for damages
Bad Faith Good Faith Good Faith
Appropriate what has been built,
planted or sown after paying Remove materials if possible
Remove improvements
indemnity and damages to BPS without injury
unless BPS decides to remove

Subsidiary liable to OM for Collect value of materials primarily Be indemnified for damages in any
materials from BPS and subsidiarily from LO event

Bad Faith Good Faith Bad Faith

Appropriate what has been built,
planted or sown after paying
indemnity
Subsidiary liable to OM for
materials
Sell to BP except if value of land is
considerably more and collect rent
to S
Collect value of the materials
Right of Retention for necessary
primarily from BPS; subsidiarily
and useful expenses
from LO
Collect damages
Pay value of materials to OM and
If BPS acquired improvements, pay him damages
remove materials if possible without
injury
 RULES
Article 455-456 of the New Civil Code

RIGHTS AND OBLIGATONS OF THE PARTIES (Third Scenario)

Owner of the Materials - Builder, Planter, Sower

Landowner - (LO)
(OM) (BPS)
Good Faith Good Faith Bad Faith
Collect value of materials primarily
Appropriate what has been built,
from BPS with damages, or Recover necessary and useful
planted or sown without paying
subsidiarily from LO without expenses
indemnity and collect damages
damages
Loses improvements without right
Sell to BP or rent to S and collect
of indemnity from LO unless LO
damages
sells the land
Demolish / Restore and collect
Remove materials in any event if Loses right of retention
damages
BPS appropriated the materials
Pay the necessary expenses to BPS Pay damages to LO
Subsidiarily liable to OM without Primarily liable to pay value of
damages materials plus damages
Bad Faith Bad Faith Good Faith

Appropriate what has been built,

Indemnity for damages
planted or sown and pay indemnity No indemnity and loses his rights
and damages to BPS, unless BPS over the materials
decides to remove
Remove improvements in any event