Civil Code > TITLE VIII JOINT OWNERSHIP, USUFRUCT AND OTHER RIGHTS IN RAM 4

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Chapter 4. Right of recovery

Art. 1386.- Definition.

The right of recovery is the right of a person to recover against payment a particular thing given to a third party in ownership or usufruct.

Art. 1387.- No right arising from usage.

No right of recovery shall arise from mere usage even though immemorial.

Art. 1388.- Right of recovery of joint owners.

(1) The joint owners shall have a legal right of recovery where a share in the thing jointly owned is disposed of.

(2) The joint owners shall exercise their right of recovery concurrently, in proportion to their share in the thing jointly owned.

(3) Where one or more of them waive their right of recovery, such right may be fully exercised by the other joint owners.

Art. 1389.- Right of recovery of parents. – 1. Principle.

The relatives by consanguinity of a person who alienates as land shall have a legal right of recovery.

Art. 1390.- 2. Origin of land.

(1) A person may not exercise his right of recovery unless he was a relative in the paternal line of the person from whose succession he who alienates the land received it, where such land comes form the paternal line.

(2) A person may not exercise his right of recovery unless he was a relative in the maternal line of the person from whose succession he who alienates the land received it, where such land comes from the maternal line.

Art. 1391.- 3. Order to be followed.

The right of recovery of the parents shall be exercised in the order in which such persons are called to an in testate succession (Art. 842-851).

Art. 1392.- 4. Priority given to certain persons.

Within the limits laid down in Art. 1390 and 1391, the right of recovery shall be exercised first by those relatives of the person alienating the land who live on such land or participate by their personal work in its exploitation.

Art. 1393.- More than one beneficiary.

(1) Where several persons of the same order may exercise a right of recovery, such persons shall exercise their right together and shall jointly own the land in which they shall have equal shares.

(2) The share of those who have failed to exercise their right shall accrue to the other.

Art. 1394.- Classification of rights of recovery.

The rights of recovery provided by law shall be exercised in the following order:

(a) by the joint owners:

(b) by the parents.

Art. 1395.- Right of recovery may not be exercised against certain persons.

A person may not exercise his right of recovery against another person who benefits by a right of recovery, even though inferior in order under Art. 1394.-

Art. 1396.- Right of recovery may not be exercised in certain cases.

The parents may not exercise their right of recovery under the preceding Articles where the land alienated is situate in a town-planning are or the immovable alienated consist mainly of a dwelling-house or some other building.

Art. 1397.- Right not transmissible.

(1) All the rights of recovery provided by law shall be personal to him who benefits thereby under the law.

(2) Rights of recovery are inalienable.

(3) They may not be exercised by the creditors of the beneficiary.

Art. 1398.- Cases where right of recovery may be exercised

The beneficiary of a right of recovery may be exercised.

(1) the owner or usufructuary of a thing alienates his ownership or usufruct for consideration; or

(2) the thing is seized at the request of a creditor of the owner.

Art. 1399.- Expropriation.

The beneficiary of a right of recovery may not exercise it where the immovable is expropriated by the public authorities.

Art. 1400.- Time for exercising right. -1. Notice of transfer.

Whosoever intends to exercise his right of recovery shall, under pain of losing his right, declare his intention within two months from having been informed that the ownership or usufruct of the thing has been transferred to a new owner or usufructuary.

Art. 1401.- 2. Failure to give notice.

(1) Where the beneficiary, if a joint owner, has not been informed of the transfer, he shall declare his intention to exercise his right within one month form the day when he knew of the transfer.

(2) The parents shall in the same circumstances declare their intention within six months from the day when the new owner or usufructuary took possession of the immovable.

Art. 1402.- Declaration to whom made.

Whosoever intends to exercise his right of recovery shall give notice to the new owner or usufructuary thereof within the periods of time lad down in Art. 1400 and 1401,

Art. 1403.- Duty to produce securities.

Any declaration by the beneficiary that he intends to exercise his right shall be of no effect unless it be accompanied by securities which are sufficient in the opinion of the court to guarantee payment of the price.

Art. 1404.- Effect of declaration.

(1) Where the beneficiary of a right of recovery had declared his intention to exercise his right, such declaration shall only affect the beneficiary.

(2) Any such declaration made by a relative of the former owner acting in such capacity shall affect all the relatives of the same order who may decide to associate themselves with such declaration.

(3) A decision under sub-art. (2) shall be of no effect unless it is made within six months form the declaration and accompanied by sufficient securities to guarantee that the person having made the declaration shall pay the price.

Art. 1405.- Effect of recovery.

(1) Where the beneficiary of a right of recovery has declared in the manner provided by the preceding Articles his intention to exercises his right, the owner shall transfer his rights on the immovable to such beneficiary.

(2) He shall do so as soon as the payments due to him have been made.

Art. 1406.- Rights of owner.- 1. Payment of price.

(1) The owner shall be refunded with the price he paid for the thing.

(2) He may not prove that the price shown in the contract is less than what he actually paid.

(3) The beneficiary may prove by all means that the price shown in the contract is higher than the price actually paid.

Art. 1407.- 2. Value of immovable.

(1) Where an immovable has been acquired gratuitously, the owner thereof shall be entitled to an amount of compensation equal to the value of the rights of which he is deprived.

(2) Failing agreement between the parties, such amount shall be fixed in accordance with the provisions of Art. 1472-1477.

Art. 1408.- 3. Accessories.

(1) The owner shall be refunded with the expenses he made at the time of acquisition and which arise from the making of the transfer deed and transfer charges.

(2) Legal interest on the price and expenses shall run in his favour from the day such price has been paid and expenses made until he is refunded therewith.

(3) The person exercising his right of recovery may relieve himself of the duty to pay interest by surrendering to the former owner the fruits which the immovable produces during one year from the new owner having taken possession thereof.

Art. 1409.- 4. Expenses.

The provisions of the Chapter of this Code relating to “Unlawful enrichment” shall apply as regards the expenses made by the owner on the immovable and the deteriorations occasioned to the immovable when it was in the possession of the owner (Art. 2162-2178).

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