Coming together or merge in bad faith

If the merger has been done in bad faith and the thing can be separated without being damaged it shall be returned to the owner with losses and damages. § Sole paragraph – If, however, the thing cannot be separated without suffering damage, the person responsible for the merger shall be bound to restore the value with losses and damages when the owner of the thing merged does not want to retain both the things joined together by paying to the person responsible for the merger, the value of the thing which belonged to the latter person.