Chapter

Accession by Building

C. G. Van Der Merwe

in A History of Private Law in Scotland

Published in print December 2000 | ISBN: 9780198267782
Published online March 2012 | e-ISBN: 9780191683374 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267782.003.0005
Accession by Building

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The Scots concept of accession by building has its roots in Roman law. Unfortunately, the sources on inaedificatio as an original mode of acquisition of property deal primarily with remedies and contain no clear guidelines on what constitutes accession. In principle, beams and other materials used in the erection of houses became, for the time being, the property of the owner of the house. The owner of the materials retained the dominium dormiens in the materials which revived if the building was pulled down. The rationale was that a completed building should not be demolished but should remain intact.

Keywords: accession by building; Roman law; inaedificatio; dominium dormiens; institutional writers; Roman law

Chapter.  12240 words. 

Subjects: Constitutional and Administrative Law

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