Legal Definitions - droit d'accession

Droit d'accession is a legal principle, primarily found in civil law systems, that grants the owner of a particular item or property the right to also own anything that is produced by it or becomes permanently attached to it, whether naturally or through human effort.

This concept means that ownership can expand to include new things that grow from, are created from, or are joined to an existing owned item. The law often distinguishes between additions that occur naturally and those that are made artificially. In cases of artificial additions, especially when one person uses another's materials to create something new, the law may consider whether the original materials can be easily separated or restored to their prior state without destroying the new creation.

• Example 1: Natural Production

  Imagine a farmer who owns a pregnant dairy cow. When the cow gives birth to a calf, the farmer automatically becomes the owner of the calf. This illustrates droit d'accession because the calf is a natural product of the cow, and its ownership accrues to the owner of the parent animal.

• Example 2: Artificial Improvement to Property

  Consider a homeowner who decides to build a new, permanent garage foundation and structure on their existing property. Once the garage is constructed and permanently affixed to the land, it becomes an integral part of the real estate. The homeowner's ownership of the land automatically extends to include the newly built garage, even though it was an artificial addition. This demonstrates how improvements or structures permanently united with a property become part of the original owner's rights.

• Example 3: Creation from Materials

  Suppose an artist, by mistake, uses a unique block of marble belonging to a neighbor to sculpt an intricate statue. Under the principle of droit d'accession, particularly the aspect dealing with artificial creation, the ownership of the finished statue might depend on whether the marble can be returned to its original form without destroying the artistic creation. If the sculpture is a new, distinct work that cannot be undone, the artist might be considered the owner of the statue, but would likely owe compensation to the neighbor for the value of the original marble. This highlights the complexity when new items are created from another's materials, where the new creation's value significantly surpasses that of the raw material.