(1) Unless the law provides otherwise, proprietary rights (jus in rem) are established, transferred, encumbered with other proprietary rights (jus in rem) only through registration in the register of immovable property, based on the act or fact which grounds the registration under law. (2) State…
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Article 490. Presumption of ownership
(1) A possessor is presumed owner of the property until proven otherwise. This presumption does not apply where, under the law, ownership is acquired by registration in a public register nor in respect of a former possessor whose movable property was stolen, lost or otherwise…
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Article 489. Ending of possession
Possession ends upon: a) disposal of the property; b) abandoning the movable property or registration in the register of immovable property of a declaration of renunciation of ownership over the immovable property; c) loss of the property; d) dispossession by a third party, if the…
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Article 488. Presumption of uninterrupted possession
If a person possessed a property at the beginning and at the end of a period, it is presumed it possessed it without interruption throughout the entire period.
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Article 487. Good-faith possession
(1) A good-faith possessor means a person which holds a right of possession or which may treat itself as entitled to possess following a diligent review, as required in civil relationships, of the grounds of its entitlement. Good-faith is presumed. (2) Good-faith possession ends if…
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Article 486. Conversion of the type of the possession
(1) A limited-right-possession, once proven, is presumed to have been maintained until evidence is made of its conversion in owner-possession, in one of the following situations: a) a limited-right-possessor becomes entitled to acquire ownership from a person other than the owner of the property, and…
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Article 485. Possession through a possession-agent
(1) For the purposes of the exercise of possession, a possession-agent is a person: a) who exercises direct physical control over the property on behalf of a possessor, without the intention and specific legal relationship required under Article 484 (3); or b) to whom the…
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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…
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Article 483. Direct possession and indirect possession
(1) Possession is direct if physical control is exercised by the possessor personally or through a possession-agent exercising such control on behalf of the possessor. (2) Possession is indirect if physical control is exercised by means of another person, a limited-right-possessor.
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Article 362. Representation
(1) A juridical act may be concluded either personally or by way of a representative. The powers of a representative derive from law, a juridical act or the circumstances in which it acts. (2) A juridical act concluded by a person (representative) on behalf of…