Sample quiz questions in civil law

What is accession? [Choose one]
(a) The point at which a fixture becomes a part of the real property to which it is attached.
(b) The right of the owner to the products (or fruits) of, or to things that are inseparably united to, the principal thing.
(c) The transfer of rights from one party to another.
(d) The acquisition of rights or property by inheritance, through a will or by operation of law.
(e) A right by which a representative is raised to the place and degree of the person represented, and the former acquires the rights which the latter would have if he were living or if he could have inherited.

Correct answer: (b), Art. 440 and Tolentino, citing Castan. Other definitions of accession are: (1) acquisition of title to personal property by bestowing labor on a raw material to convert it to another thing; (2) a property owner’s right to all that is added to the land, including improvements made by others. Black’s. As to incorrect answers: (a) is annexation (Black’s); (c) is assignment of rights (Black’s); (d) is succession (Art. 774, Black’s); and (e) is representation (Art. 970).
Classifications: Easy, Civil, Property, Concepts

Which of the following are examples of accession continua? [Choose those that are]
(a) a litter of puppies
(b) alluvion, i.e. an addition of land caused by running water
(c) formation of island
(d) building, planting, or sowing
(e) dividends
(f) growing crops
(g) dividends
(h) rent on a building
(i) making of wine from grapes
(j) metal alloy
(k) land reclamation
(l) fruits that have already been harvested and gathered from the land

Correct answers: Accesion continua refers to ownership of the accessory thing that is united with or incorporated to the principal thing. Thus, (b), (c), (d), are accession continua with respect to real property; and (i) or (j), which is the same with respect to personal property. The rest are incorrect answers. Those in (a), (e), (f), (g), and (h) are examples of accesion discreta because they are fruits of the principal thing. Tolentino, Art. 441. (k) is incorrect because there is no accession to land reclaimed from the sea, which is property of public dominion (Art. 420, Insular Govt v Aldecoa, 1911). (l) cannot be accession continua because such fruits are no longer united with or incorporated to the principal thing.
Classifications: Easy, Civil, Property, Concepts