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Bps

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   Landowner = Builder, Planter, or Sower Owner of Materials Rule 1 in Good Faith in Good Faith Rights: a.   Right to ownership of the materials Liabilities: b.   Pay the value of the materials Rights: a.   Right to reimbursement for the value of the materials b.   Right to remove only in case he can do so without injury to the works constructed, or without the plantings, constructions, or works being destroyed Rule 2 in Bad Faith in Good faith Liabilities: a.   Pay the value of the materials b.   Reparation of damages Rights: a.   Right to reimbursement for the value of the materials b.   Right to remove whether or not injury would be caused c.   Right to indemnification of damages Rule 3 in Good Faith in Bad Faith Rights: a.   Right to ownership of materials No rights. Only liabilities: a.   Liable for the consequences b.   No right of removal Rule 4 in Bad Faith in Bad Faith Rule 1 applies Rule 1 applies Landowner BPS Rule 1 in Good Faith in Good faith a.   Right to appropriate (after payment of indemnity); OR b.   Oblige the BP to pay the price of the land (if L < I), otherwise, forced rent; or S to pay reasonable rent a.   Right to reimbursement for the improvement b.   Right of retention Rule 2 in Bad Faith in Good Faith Article 447 applies (Article 454) Article 447 applies (Article 454) Rule 3 In Good Faith in Bad Faith 1.   Right to demand demolition; right if remotion; OR 2.   Right to compel the BP to pay the price of the land; S to pay reasonable rent (Article 450)  3.   In the two cases, plus damages (Article 451)  1.   He loses what is built, planted or sown without right to indemnity (Article 449)  2.   Right to reimbursement for the necessary expenses for the preservation of the land (Article 452)  Rule 4 in Bad Faith in Bad Faith Rule 1 applies Rule 1 applies Landowner BPS Owner of Materials Rule 1 Good faith Good faith Good faith Subsidiarily liable for the cost of materials Primarily liable for the cost of materials Right to reimbursement for the value of materials from BPS Rule 2 Good faith Good faith Bad faith None None Forfeits his right to his materials without right to be indemnified Rule 3 Good faith Bad faith Good faith Subsidiarily liable but without damages Primarily liable to the owner of materials with damages Right to reimbursement for the value of materials from BPS with damages Rule 4 Good faith Bad faith Bad faith   None (not subsidiarily liable) Liable to the owner of materials Right to reimbursement for the value of materials from BPS

Antecedente 2

Dec 2, 2018

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Dec 2, 2018
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