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Showing 5081–5090 of 64807 articles for “Art. Cass. 3e civ. 1-2-2012 n° 10-22.863”
Where the vessel is operated in joint ownership, each joint owner may mortgage his undivided share in the vessel. The manager may mortgage the vessel with the consent of a majority of interests repres…
The mortgage may only be granted by the owner of the building or by his authorised representative with a special mandate.
A mortgage granted on a seagoing vessel or on an undivided share of the vessel extends, unless otherwise agreed, to the body of the vessel and to all accessories, machinery, fittings and tackle. It do…
Ships and other seagoing vessels, including maritime drones as defined in article L. 5000-2-2 of the French Transport Code, which have been registered are subject to mortgages, unless they have been r…
One cannot prescribe against one's title, in the sense that one cannot change to oneself the cause and principle of one's possession.
In order to prescribe, there must be continuous and uninterrupted, peaceful, public, unequivocal possession, and as owner.
Nor can acts of violence form the basis of possession capable of effecting prescription. Useful possession does not begin until violence has ceased.
To complete the prescription, one may join to his possession that of his author, in whatever manner one has succeeded to him, either universally or privately, or for profit or valuable consideration.
Those to whom tenants, bailees, usufructuaries and other precarious holders have transferred the property or the right by a title transferring ownership may prescribe it.
Acts of pure faculty and those of mere tolerance cannot found either possession or prescription.
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