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Article 484. Owner-possessor and limited-right-possessor

(1) A possessor may exercise possession either as owner-possessor or as limited-right-possessor.
(2) An owner-possessor is a person who exercises possession over the property with the intention of doing so as, or as if, an owner.
(3) A limited-right-possessor is a person who exercises possession over the property either:
a) in the capacity of holder of a limited proprietary right (jus in rem), in the capacity of lessee, free user or co-owner, in respect of the shares of the other co-owners, as well as in other cases where possession is exercised with the intention of doing so in that person’s own interest, and under a specific legal relationship with the owner-possessor which gives the limited-right-possessor the right to possess the property; or
b) in the capacity of contractor, carrier, warehouser, as well as in other cases where possession is exercised with the intention of doing so to the order of the owner-possessor, and under a specific contractual relationship with the owner-possessor which gives the limited-right-possessor a right to retain the property until any charges or costs have been paid by the owner-possessor.
(4) The provisions of paragraph (3) apply mutatis mutandis where another limited-right-possessor exercises possession under a specific contractual relationship with the limited-right-possessor provided for in paragraph (3).
(5) Until otherwise proven, a possessor of a property is assumed to be an owner-possessor.

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