Civil Code

Possessory rights are acquired by possessing a thing with the intention to do so on one's own behalf.

Possessory rights may be acquired through an agent.

The transfer of possessory rights is effected by the delivery of the thing possessed.

If a transferee or the agent of a transferee is actually holding the thing possessed, the transfer of possessory rights may be effected by the parties' manifestations of intention alone.

If an agent manifests the intention to thenceforward possess a thing possessed by the agent on behalf of the principal, the principal thereby acquires the possessory rights.

If a thing is possessed through an agent, the principal orders that agent to thenceforward possess that thing on behalf of a third party, and that third party consents thereto, the third party acquires the possessory rights.

If it is assumed, due to the nature of the title, that a possessor does not have the intention to own, the nature of the possessor's possession does not change unless that possessor manifests the intention to own to the person that put the thing under that person's possession, or commences possession under a new title with an intention to own from that time.

A possessor is presumed to possess a thing with the intention to own, in good faith peacefully and openly.

If there is evidence of possession at two different points in time, it is presumed that possession continued during that interval.

A successor to a possessor may, as the successor chooses, assert either the successor's own possession only, or the successor's own possession together with that of the predecessor.

If a person asserts the possession of the predecessor together with the person's own, that person also succeeds to defects in those.

The possessor is presumed to lawfully have the rights that a possessor exercises with respect to the thing possessed.

A possessor in good faith acquires fruits derived from the thing possessed.

If a possessor in good faith is defeated in an action on the title that legally supports the possession, that possessor is deemed to be a possessor in bad faith as from the time when the action is filed.

A possessor in bad faith has the obligation to return fruits, and reimburse the price of fruits that the possessor has already consumed, damaged due to negligence, or failed to collect.

The provisions of the preceding paragraph apply mutatis mutandis to a person who takes possession of a thing through assault or duress or through concealment.

If a thing under one's possession has been lost or damaged due to grounds attributable to the possessor, a possessor in bad faith is liable to compensate the person recovering the thing for the entire damage, and a possessor in good faith is liable to compensate that person for the damage to the extent currently enriched as a result of that damage; provided, however, that a possessor that is without the intention to own the thing must compensate the person for the entire damage, even if the possessor has acted in good faith.

A person that commences the possession of movables peacefully and openly by a transactional act acquires the rights that are exercised with respect to the movables immediately if the person possesses it in good faith and without negligence.

In the cases provided for in the preceding Article, if the thing under one's possession constitutes stolen or lost property, the victim or the person that lost the thing may demand the return of that thing from the possessor within two years from the time of the loss or theft.

If a possessor has purchased stolen or lost property in good faith at an auction, in a public market, or from a merchant that sells similar things, the victim or the person that lost the thing may not recover the thing without reimbursing the possessor for the price paid.

A person possessing a non-domestic animal bred by another person acquires the rights to exercise with respect to that animal if the person possessing it was acting in good faith at the beginning of the possession and the owner of the animal does not demand its return from that person within one month from the time when that animal left the possession of its owner.

If a possessor returns a thing possessed by them, the possessor may have the person recovering the thing reimburse the possessor for the costs the possessor has paid for its preservation and other necessary expenses; provided, however, that if the possessor has acquired fruits, ordinary and necessary expenses are borne by the possessor.

With respect to the costs paid for by a possessor to improve the thing under their possession and other beneficial expenses, the possessor may have the person recovering the thing reimburse the possessor for either the costs the possessor has paid or the amount of the increased value, whichever the person recovering the thing chooses, but only if there is a current increase in value; provided, however, that with regard to a possessor in bad faith, the court may, at the request of the person recovering the thing, grant a reasonable period of time for the same.

A possessor may file a possessory action in accordance with the provisions of the following Article through Article 202. The same applies to a person that takes possession on behalf of another person.

If a possessor is obstructed from possession, the possessor may claim for the discontinuation of the obstruction and compensation by filing an action for maintenance of possession.

If a possessor is likely to be obstructed from possession, the possessor may demand either the prevention of the obstruction or for the submission of security for the damages by filing an action for preservation of possession.

If a possessor is forcibly dispossessed, the possessor may demand the restitution of the thing and claim compensation by filing an action for recovery of possession.

An action for recovery of possession may not be filed against a specific successor of a person that forcibly takes possession; provided, however, that this does not apply if that successor had knowledge of the fact that the person has unlawfully taken the possession.

An action for maintenance of possession must be filed during the obstruction or within one year after the obstruction stops; provided, however, that if the thing under one's possession has been damaged due to construction work and either one year has passed from the time when the construction was started or the construction has been completed, the action may not be filed.

An action for preservation of possession may be filed so long as the danger of obstruction exists. In this case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis if the thing under one's possession is likely to be damaged by the construction work.

An action for recovery of possession must be filed within one year from the time when a possessor was forcibly dispossessed.

A possessory action does not preclude an action on title that legally supports the possession, and an action on title does not preclude a possessory action.

With respect to possessory actions, no judicial decision may be made on grounds relating to title that legally supports the possession.

Possessory rights are extinguished when the possessor renounces the intention to possess, or loses possession of the thing possessed by them; provided, however, that this does not apply if the possessor files an action for recovery of possession.

If a person possesses a thing through an agent, possessory rights are extinguished on the grounds stated below:

renunciation by the principal of intention to have agent possess;

manifestation of intention to the principal of an agent to hold the thing possessed on behalf of the agent itself or a third party; or

the agent has lost direct control over the thing possessed.

Possessory rights are not extinguished solely as a result of the extinction of the authority to represent.

The provisions of this Chapter apply mutatis mutandis if a person exercises their property rights with the intention to do so on their own behalf.