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Property Title IV Servitudes

Page: 177

Section: 1378 - 1387

Section 1378.- Transfer of possession is effected by delivery of the property possessed.


Section 1379.- Where property is already held by the transferee or his representative, the transfer of possession may be effected by a declaration of intention.


Section 1380.- Transfer of possession is effected when the transferor, while continuing to hold the property, declares an intention to hold it thenceforward on behalf of the transferee.

If the property is held by his representative, the transfer of possession may be effected by the transferor directing such representative thenceforward to hold the property on behalf of the transferee.


Section 1381.- Where a person holds property as representative of the possessor, he may change the nature of his holding only by a notice to the possessor that he no longer intends to hold the property for such possessor or by becoming in good faith, through the act of a third person, possessor under a new title.


Section 1382.- Where a person has, for an uninterrupted period of ten years in case of an immovable, or five years in case of movable, peacefully and openly possessed a property belonging to another, with the intention to be its owner, he acquires the ownership of it.


Section 1383.- The ownership of property obtained through an offence may be acquired by the offender or a transferee in bad faith by prescription only after the expiration of the period provided for prescription of the offence or of the period fixed by the foregoing section whichever is the longer.


Section 1384.- Possession shall not be deemed interrupted if the possessor involuntarily loses the holding of the property, and recovers it within one year from the date of the loss or by means of an action instituted within that time.


Section 1385.- Where possession is transferred, the transferee may add the period of the transferor’s possession to that of his own ; in which case any defect in the possession of the transferor may be set up against the transferee.


Section 1386.- The provisions of this Code concerning Prescription shall be applied mutatis mutandis to acquisitive prescription as description as described in this Title.





Section 1387.- An immovable property may be subjected to a servitude by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain acts affecting his property or to refrain from exercising certain rights inherent in his ownership.