Civil Code > TITLE VI. GOODS IN GENERAL AND POSSESSION 2

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Chapter 2. Possession

Art. 1140.- Definition.

Possession consist in the actual control over a thing directly or through a third party who holds such thing.

Art. 1142.- Temporary hindrance.

The possessor shall not lose his rights where he is temporarily prevented from exercising control over a thing.

Art. 1143.- Transfer of possession.

Any transfer of possession made by virtue of a contract shall be effective at the time when the thing is delivered.

Art. 1144.- Documents representing the thing.

(1) Possession may be transferred to a new possessor by the delivery of the documents representing the thing and enabling him to dispose thereof.

(2) Where a dispute arises between the holder of the documents and the person who has the actual possession of the thing, the latter shall be preferred unless his bad faith can be proved.

Art. 1145.- Constructive possession.

(1) The possession of things which are certain and things pertaining to a generic species which have been individualized shall be deemed to be transferred to the new possessor where the person who exercises actual control over the thing declares that he shall henceforth detain it on behalf of the new possessor.

(2) Nothing in this Article shall affect the rights of the creditors of the person exercising actual control over the thing in the event of his bankruptcy.

Art. 1146.- Secret or dubious possession.

(1) Secret or dubious possession shall give rise to no right.

(2) Possession is secret where he who exercises actual control overt the thing conceals his status a s possessor in circumstances which justify the assumption that he has no right in respect thereof.

(3) Possession is dubious where in the circumstances it is doubtful whether it belongs to him who alleges himself to be the possessor or whether he detains the thing on behalf of another person.

Art. 1147.- Change of title.

(1) Unless the contrary is proved, he who began to posses on behalf of another person shall be regarded as a mere holder.

(2) Proof to the contrary may be adduced by any means.

(3) It shall not result from a mere change in the intention of the holder.

Art. 1148.- Protection of possession.- 1. Use of force.

(1) The possessor and the holder may use force to repel any act of usurpation or interference.

(2) Where the thing has been taken away from him either by violence or secretly, he may take it back forthwith, either by expelling the usurper or by seizing the thing from the hands of a usurper caught in the act or when running away.

(3) He shall refrain from any act of violence which is not justified in the circumstances.

Art. 1149.- 2. Legal action.

(1) The possessor or holder who is deprived of is possession or whose possession is interfered with may require the restoration of the thing or the cessation of the interference and claim compensation for damages.

(2) The action shall be barred if it is not brought within one year from the day of the usurpation or interference.

(3) The court shall order the restoration of the thing or the cessation of the interference unless the defendant can prove forthwith and conclusively the existence of a right in his favour justifying his conduct.

Art. 1150.- Junction of possessions.

(1) The possessor who is entitled to avail himself of prescription shall benefit by the periods of prescription having run in favour of the former possessor where such former possessor could avail himself of prescription.

(2) The bare owner may similarly avail himself of the taxes paid by the usufructuary.

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