ACCESSIO, SPECIFICATIO AND CONFUSIO: THREE SKELETONS IN THE CLOSET

Abstract

Although the law on this point is still murky, Canadian decisions have suggested that title to chattels may be acquired through accession. This article reviews the development of Roman classifications of accession under three headings: Accessio, specificatio and confusio. Whereas the Roman concepts centre on the result, the common law focuses on the cause of accession. Under the common law, Accessio, specificatio and confusio were held to arise from natural causes, contract, by conversion, the consent of the owners or accident. The article reviews each common law concept to draw out general principles, which it then applies to the methods of accession to create a series of clarified legal rules.