Accessio
Encyclopedia
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. (usufructus)
The term accessiones was also applied to those who were sureties or bound for others, as fidejussores. (confusio)
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
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
Accession
Accession has different definitions depending upon its application. In Property law, it is a mode of acquiring property that involves the addition of value to property through labor or the addition of new materials. In English Common law, the added value belonged to the original property's owner,...
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
Tabula
Tabula was a board game in the tables family, and is generally thought to be the direct ancestor of modern backgammon.The earliest description of tabula is in an epigram of Byzantine Emperor Zeno , given by Agathias of Myrine , who describes a game in which Zeno goes from a strong position to a...
) 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
Fructus (Roman law)
Fructus was a legal term used in Roman law to describe products which originate from both natural sources and legal transactions ....
) of a thing, though the thing belongs to another. (usufructus)
The term accessiones was also applied to those who were sureties or bound for others, as fidejussores. (confusio)