Article 2278
Possession is protected, without regard to the substance of the right, against the disturbance which affects or threatens it. Possessory protection is similarly granted to the possessor against anyone…
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Showing 1581–1590 of 66941 articles for “Art. s. L 313-38 and R 313-22”
Possession is protected, without regard to the substance of the right, against the disturbance which affects or threatens it. Possessory protection is similarly granted to the possessor against anyone…
The articles 2221 and 2222, and Chapters III and IV of Title XX of this book subject to the provisions of this chapter.
One is always presumed to possess for oneself, and as owner, unless it is proved that one began to possess for another.
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.
Those who possess for others never prescribe by any lapse of time.Thus, the lessee, the depositary, the usufructuary and all others who precariously hold the owner's property or right cannot prescribe…
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