Accessio

"Accessio" is a concept from Ancient Roman property law that decided ownership of an object or work that is somehow related to another object or work; one thing is considered the principal, and the other is considered to be an accession or addition to it. In general the owner of the principal thing, whichever it is, became the owner of the accession also. Accessio was not a specific rule, instead it was a principle with a number of special cases that had their own particular guidelines for determination of ownership.

The most undisputed kind of accessio is that which arises from the union of a thing with the ground; and when the union between the ground and the thing is complete, the thing belongs to him who is the owner of the ground. Thus if a man builds on the ground of another man, the building belongs to the owner of the ground, unless it is a building of a moveable nature, as a tent; for the rule of law is "superficies solo cedit"." A tree belonging to one man, if planted in the ground of another man, belongs to the owner of the ground as soon as it has taken root. The same rule applies to seeds and plants.

If one man wrote on the papyrus ("chartulae") or parchment ("membranae") of another, the material was considered the principal, and of course the writing belonged to the owner of the paper or parchment. If a man painted a picture on another man's wood ("tabula") or whatever the materials might be, the painting was considered to be the principal ("tabula picturae cedit"). The principle which determined the acquisition of a new property by accessio was this — the intimate and inseparable union of the accessory with the principal. Accordingly, there might be accessio by pure accident without the intervention of any rational agent. If a piece of land was torn away by a stream from one man's land and attached to the land of another, it became the property of the man to whose land it was attached after it was firmly attached to it, but not before. This should not be confused with the case of alluvio.

The person who lost his property by accessio had as a general rule a right to be indemnified for his loss by the person who acquired the new property. The exceptions were cases of "mala fides".

The term "accessio" is also applied to things which are the products of other things, and not added to them externally as in the case just mentioned. Every accessio of this kind belongs to the owner of the principal thing; the produce of a beast, the produce of a field, and of a tree belongs to the owner. In some cases a man may have a right to the produce ("fructus") of a thing, though the thing belongs to another. (ususfructus)

The term "accessiones" was also applied to those who were sureties or bound for others, as "fidejussores". (confusio)

ee also

*accession

References

*GRA


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • accessio — index accession (annexation), addition, appendix (supplement), augmentation Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • accessio — /aeksesh(iy)ow/ In Roman law, an increase or addition; that which lies next to a thing, and is supplementary and necessary to the principal thing; that which arises or is produced from the principal thing; an accessory obligation (q.v.). One of… …   Black's law dictionary

  • accessió — ac|ces|si|ó Mot Agut Nom femení …   Diccionari Català-Català

  • accessio — See accession. The right of an owner of personal property to the personal property of another which is incorporated into or united with his property. Sometimes the term is given a broader significance to include rights which an owner of real or… …   Ballentine's law dictionary

  • accessio possessionis — See tacking …   Ballentine's law dictionary

  • ACCESSUS seu ACCESSIO — ACCESSUS, seu ACCESSIO de Mari, cum crescit, Lat. Venilia, vide ibi. Item de Nilo. Seneca, l. 4. Natural. Quaesi. c. 2. Nilus autem per quatuor menses liquitur, et aequalis illi accessio est. Quod Herodot. de eodem flumine loquens, πελάζειν vocat …   Hofmann J. Lexicon universale

  • Акцессия — (accessio) отношение сочетания и подчиненности одной вещи (в юридическом смысле имущественного объекта) другой. Римляне называли акцессией лишь самое присоединенную вещь; ныне же под этим словом понимают и самый акт присоединения одной вещи к… …   Энциклопедический словарь Ф.А. Брокгауза и И.А. Ефрона

  • accession — [ aksesjɔ̃ ] n. f. • XIIe; lat. accessio I ♦ Le fait d accéder. 1 ♦ Vx Arrivée. 2 ♦ (XVIIIe; empr. angl.) Accession au trône, le fait d y monter. ⇒ avènement. 3 ♦ Fig. et mod. Le fait d accéder, d arriver (à un état, une situation) …   Encyclopédie Universelle

  • Accession — (from Lat. accedere , to go to, to approach), in law, a method of acquiring property adopted from Roman law (see: accessio ), by which, in things that have a close connection with or dependence on one another, the property of the principal draws… …   Wikipedia

  • Graduate House (University of Melbourne) — Graduate House is a residential college of University of Melbourne, Australia. The House was established in 1962 and caters to postgraduate and research students at the university. [ [http://xena.lib.unimelb.edu.au/cgi bin/library?form=Accessions …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.