Vol. 29 No. 2 (2007)
Research articles

Historical development of the so called accession manner of acquisition

Francisca Leitao Alvarez-Casablanca
Pontificia Universidad Católica de Valparaíso
Bio

How to Cite

Leitao Alvarez-Casablanca, F. (2010). Historical development of the so called accession manner of acquisition. Pro Jure Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 29(2). Retrieved from https://www.projurepucv.cl/index.php/rderecho/article/view/651

Abstract

In this is studied the historical development of the so-called "accession", manner of acquisition, different from occupation. The Romans did not define or classify this manner of acquisition. They just profiled their singular types and laid the foundations for their essential regime. Albeit legal commentators did not offer any unifying dogmatic idea of such manner of acquisition, they were the first ones in presenting a first classification of the purchasing types constitutive of occupation from those constitutive of the future accession and a first attempt of systematically arrange its types. According to this research, the idea that the dogma adhered of the socalled "accession" comes mainly from the authors: Donellus, Pufendorf and Pothier; together with the first Civil Codes, such as the Bavarian, French, Sardinian, Louisiana and the Peruvian Codes. Andrés Bello in the Chilean Civil Code adopted the concept of accession manner of acquisition, from the aforementioned tradition concluded in Pothier, but adds an original and very empirical classification.