Morals of the Church
Library › Prümmer, Manuale Theologiae Moralis › Volume II › Treatise XI. On The Virtue Of Justice And The Opposed Vices › Section I. On Right And On The Virtue Of Justice Itself › Question I. On Right Itself › Chapter IV. On The Modes Of Acquiring Dominion

Article — Prümmer, Manuale Theologiae Moralis

Article III. On Accession

¶16.

64

64 In the German language it is said: Zuwachs, Verbindung, Vermischung, Verarbeitung.

Accession

56.

56. Definition. Accession, as the discussion is here, is a legitimate mode of acquiring dominion of some thing acceding to a thing already legitimately possessed.

Only a few things must be said concerning this matter, since it has been wholly determined by modern civil codes, which, when a case occurs, must be consulted and also followed in conscience. The principles of natural law in this matter are: 1. If the things united can be separated without grave detriment, the individual things must be restored to their legitimate owners. 2. But if this cannot be done, "it is fitting that the accessory follow the nature of the principal";65 but for the accessory thing thus acquired a suitable price must be paid. To this is added the adage: the thing fructifies for the owner.

Three species of accession are customarily distinguished, namely natural, industrial, and mixed, according as something else accedes to one's own thing either by natural powers alone (by birth, fructification, alluvion), or by human industry alone (by joining, mixture, specification, building), or from the influence of both.66 Concerning the individual species, a few things:

  1. Natural accession occurs:

a) by birth and fructification, when namely from a possessed thing another is born, for example a foal from a horse, grass from a field. The general rule is: "The offspring follows the womb," or whatever is born pertains to the owner of the one bearing or producing. Hence he who bought a cow which by mistake was not thought to be pregnant, but afterward bore a calf, acquired that calf also.

b) by alluvion, when by the force of waters an increase gradually (but not suddenly) accedes to some estate. In this case the statutes of modern laws must be observed.67

  1. Industrial accession occurs:

a) by joining, when two things pertaining to diverse owners are so united by human industry that they either cannot in any way, or cannot except with great detriment, be separated. In this case laws are accustomed to determine that the two things thus united pertain to that owner to whom previously the more principal thing was proper, according to the principle brought forward above: the accessory follows the principal.68 Nevertheless that owner is then held to make the other owner unharmed. But which thing is more principal is at times by no means easy to define. Therefore positive laws must be attended to. An example of joining is: an image painted on another's canvas.

b) by mixture or confusion, when from two things equally principal that have been mixed, pertaining to diverse owners, one thing arises, for example two heaps of grain, or two swarms of bees flying together into one.

c) by specification, when someone constructs something new from another's matter, for example a statue from another's wood. Again, in practice positive laws must be attended to.

d) by building, if the owner of the land and the owner of the thing built are diverse. Generally the dominion of the land draws with it whatever is placed above or below it. Therefore the house belongs to him whose land it is, with due compensation having been provided.

  1. Mixed accession especially occurs by planting and sowing, because then the two, namely nature and industry, coalesce into one. This accession is subjected to the same rules which are valid for building. Hence it is established according to the ancient verses:

Whatever is planted, sown, or built in,

All yields to the soil, if nevertheless it has put forth roots.

Note For Practice. When a case occurs, it is better to arrange the matter according to what is fair and good. But if this is impossible, the confessor can no longer do anything else, but must leave all things to the civil judge.

65 Rule of law 28 in VI.

66 Cf. Marc, Inst. mor. I, n. 887; Noldin, De praeceptis n. 394.

67 Cf. German law: Einführungsgesetz art. 65; French law art. 556 sq.; Swiss law a. 659.

68 Cf. Cod. civ. Germ. § 950; Cod. civ. Gall. a. 570; Cod. civ. Helv. a. 727.

Accession