(1) An owner is entitled to possess, use, and dispose of its property. (2) Ownership is perpetual. (3) Ownership may be limited by law or the rights of third parties. (4) Ownership includes the freedom of a person to not use the property. The law…
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Article 499. End of possession
(1) Possession ends if the possessor finally and explicitly renounced from physical control or losses physical control in respect of the property in another way. (2) A temporary impossibility to exercise physical control in respect of the property does not amount to the end of…
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Article 498. Acquisition of a right in respect of the possessed property
In the cases and subject to the conditions set out in the law, an owner-possessor may claim acquisition of a right in respect of the possessed property from the time of entry into possession (good faith acquisition, occupation, accession) or, as the case may be,…
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Article 497. Acquisition of fruits of the possessed property. Value of use of the property
(1) A good faith possessor acquires ownership to the fruits of the possessed property. It is bound to return neither the fruits nor the value of the use of the possessed property if it acquired the property for a consideration. (2) A possessor must be…
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Article 496. Entitlement to protection in case of better possession
Where another person interferes with the possession, or such interference or a dispossession is imminent, the possessor who is in good faith is entitled to protection under Article 494 paragraph (2), unless: a) the other person would, in case of dispossession, have a better possession…
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Article 495. Entitlement to recover in case of better possession
(1) A former possessor is entitled to recover possession of the property from another person exercising physical control over it if the former possession was better than the current possession of the other person. (2) The former possession is better than the current possession if…
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Article 494. Entitlement for protection of mere possession
(1) Where another person unlawfully interferes with the possession of property or such interference or an unlawful dispossession is imminent, the possessor is, within a preclusion period of one year, entitled to protection under paragraph (2) of this Article, irrespective of who has the right…
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Article 493. Entitlement to recover as protection of mere possession
(1) Where another person unlawfully deprives a possessor, the latter is, within a preclusion period of one year, entitled to recover the property, irrespective of who has the right or better position to possess the property. The period of one year starts to run at…
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Article 492. Self-help of possessor
(1) A possessor or a third person may resort to self-help against another person who unlawfully deprives the possessor of possession of the property, or who otherwise unlawfully interferes with that possession, or whose act of unlawful dispossession or interference is imminent. (2) The means…
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Article 491. Unlawful dispossession and interference
(1) A person depriving the possessor of possession or interfering with that possession acts unlawfully under this Section if the person acts without the consent of the possessor and the dispossession or interference is not permitted by law. (2) In addition to other remedies provided…