Louisiana Civil Code

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SECTION 3 - ACCESSION IN RELATION TO MOVABLES

Art. 507. In the absence of other provisions of law or contract, the consequences of accession as between movables are determined according to the following rules. [Acts 1979, No. 180, §1]

Art. 508. Things are divided into principal and accessory. For purposes of accession as between movables, an accessory is a corporeal movable that serves the use, ornament, or complement of the principal thing.

In the case of a principal thing consisting of a movable construction permanently attached to the ground, its accessories include things that would constitute its component parts under Article 466 if the construction were immovable. [Acts 1979, No. 180, §1; Acts 2008, No. 632, §1, eff. July 1, 2008]

Art. 509. In case of doubt as to which is a principal thing and which is an accessory, the most valuable, or the most bulky if value is nearly equal, shall be deemed to be principal. [Acts 1979, No. 180, §1]

Art. 510. When two corporeal movables are united to form a whole, and one of them is an accessory of the other, the whole belongs to the owner of the principal thing. The owner of the principal thing is bound to reimburse the owner of the accessory its value. The owner of the accessory may demand that it be separated and returned to him, although the separation may cause some injury to the principal thing, if the accessory is more valuable than the principal and has been used without his knowledge. [Acts 1979, No. 180, §1]

Art. 511. When one uses materials of another to make a new thing, the thing belongs to the owner of the materials, regardless of whether they may be given their earlier form. The owner is bound to reimburse the value of the workmanship.

Nevertheless, when the value of the workmanship substantially exceeds that of the materials, the thing belongs to him who made it. In this case, he is bound to reimburse the owner of the materials their value. [Acts 1979, No. 180, §1]

Art. 512. If the person who made the new thing was in bad faith, the court may award its ownership to the owner of the materials. [Acts 1979, No. 180, §1]

Art. 513. When one used partly his own materials and partly the materials of another to make a new thing, unless the materials can be conveniently separated, the thing belongs to the owners of the materials in indivision. The share of one is determined in proportion to the value of his materials and of the other in proportion to the value of his materials and workmanship. [Acts 1979, No. 180, §1]

Art. 514. When a new thing is formed by the mixture of materials of different owners, and none of them may be considered as principal, an owner who has not consented to the mixture may demand separation if it can be conveniently made.

If separation cannot be conveniently made, the thing resulting from the mixture belongs to the owners of the materials in indivision. The share of each is determined in proportion to the value of his materials.

One whose materials are far superior in value in comparison with those of any one of the others, may claim the thing resulting from the mixture. He is then bound to reimburse the others the value of their materials. [Acts 1979, No. 180, §1]

Art. 515. When an owner of materials that have been used without his knowledge for the making of a new thing acquires the ownership of that thing, he may demand that, in lieu of the ownership of the new thing, materials of the same species, quantity, weight, measure and quality or their value be delivered to him. [Acts 1979, No. 180, §1]

Art. 516. One who uses a movable of another, without his knowledge, for the making of a new thing may be liable for the payment of damages. [Acts 1979, No. 180, §1]

 

CHAPTER 3 - TRANSFER OF OWNERSHIP BY AGREEMENT

Art. 517. The ownership of an immovable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the immovable. The transfer of ownership takes place between the parties by the effect of the agreement and is not effective against third persons until the contract is filed for registry in the conveyance records of the parish in which the immovable is located. [Acts 1979, No. 180, §1; Acts 2005, No. 169, §2, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005]

Art. 518.  The ownership of a movable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the movable. Unless otherwise provided, the transfer of ownership takes place as between the parties by the effect of the agreement and against third persons when the possession of the movable is delivered to the transferee.

When possession has not been delivered, a subsequent transferee to whom possession is delivered acquires ownership provided he is in good faith. Creditors of the transferor may seize the movable while it is still in his possession. [Acts 1984, No. 331, §2, eff. Jan. 1, 1985]

Art. 519. When a movable is in the possession of a third person, the assignment of the action for the recovery of that movable suffices for the transfer of its ownership. [Acts 1979, No. 180, §1]

Art. 520. [Repealed. Acts 1981, No. 125, §1]

Art. 521. One who has possession of a lost or stolen thing may not transfer its ownership to another. For purposes of this Chapter, a thing is stolen when one has taken possession of it without the consent of its owner. A thing is not stolen when the owner delivers it or transfers its ownership to another as a result of fraud. [Acts 1979, No. 180, §1]

Art. 522. A transferee of a corporeal movable in good faith and for fair value retains the ownership of the thing even though the title of the transferor is annulled on account of a vice of consent. [Acts 1979, No. 180, §1]

Art. 523. An acquirer of a corporeal movable is in good faith for purposes of this Chapter unless he knows, or should have known, that the transferor was not the owner. [Acts 1979, No. 180, §1]

Art. 524. The owner of a lost or stolen movable may recover it from a possessor who bought it in good faith at a public auction or from a merchant customarily selling similar things on reimbursing the purchase price.

The former owner of a lost, stolen, or abandoned movable that has been sold by authority of law may not recover it from the purchaser. [Acts 1979, No. 180, §1]

Art. 525. The provisions of this Chapter do not apply to movables that are required by law to be registered in public records. [Acts 1979, No. 180, §1]

 

CHAPTER 4 - PROTECTION OF OWNERSHIP

Art. 526. The owner of a thing is entitled to recover it from anyone who possesses or detains it without right and to obtain judgment recognizing his ownership and ordering delivery of the thing to him. [Acts 1979, No. 180, §1]

Art. 527. The evicted possessor, whether in good or in bad faith, is entitled to recover from the owner compensation for necessary expenses incurred for the preservation of the thing and for the discharge of private or public burdens. He is not entitled to recover expenses for ordinary maintenance or repairs. [Acts 1979, No. 180, §1]

Art. 528. An evicted possessor in good faith is entitled to recover from the owner his useful expenses to the extent that they have enhanced the value of the thing. [Acts 1979, No. 180, §1]

Art. 529. The possessor, whether in good or in bad faith, may retain possession of the thing until he is reimbursed for expenses and improvements which he is entitled to claim. [Acts 1979, No. 180, §1]

Art. 530. The possessor of a corporeal movable is presumed to be its owner. The previous possessor of a corporeal movable is presumed to have been its owner during the period of his possession.

These presumptions do not avail against a previous possessor who was dispossessed as a result of loss or theft. [Acts 1979, No. 180, §1]

Art. 531. One who claims the ownership of an immovable against another in possession must prove that he has acquired ownership from a previous owner or by acquisitive prescription. If neither party is in possession, he need only prove a better title. [Acts 1979, No. 180, §1]

Art. 532. When the titles of the parties are traced to a common author, he is presumed to be the previous owner. [Acts 1979, No. 180, §1]

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