Chapter 9: Possession

Question 1

Art 1140 CC – Possession

Answer 1

Possession is such power over a thing corresponding to the exercise of ownership or other limited rights in property (i.e. acting like the owner). One can possess directly or through another person who retains the thing (in this case the detainer does not act like the owner).

Question 2

Possesso vale titolo (hint: consider the art example - 3 conditions for validity.)

Does not apply to?

Answer 2

Possesso vale titolo meaning any person whom movables are transferred to becomes the owner by way of possession provided they are in good faith, there is physical retention and an appropriate title of transfer

N.B. This does not apply to immovables and universalities of movables (things with unitary destination) to promote easy circulation of wealth and to protect the consumer.

Question 3

Usucaption (definition)

Answer 3

Usucaption is acquisition of ownership by original title through continued and uninterrupted possession over time. Period is generally 20 years for immovables. Applies to all limited rights in property.

N.B. Possession by clandestine action doesn’t count as usucaption (good faith).

Question 4

Two presumptions that assist possession (hint: ref. to usucaption)

Answer 4

Two presumptions assist possession: presumption of intermediate possession and the person who has material availability is assumed to be possessor.

Question 5

Action of revendication

Answer 5

The law against the action of revendication prevents people from taking the law into their own hands (recourse to arms). Only the state may use the force.

Question 6

Acquisition by derivative title vs. by original title

Answer 6

Acquiring ownership by derivative title (contract, succession i.e. OWNERSHIP) and by original title (occupation, usucaption, found movables).