Article 544 of the French Civil Code
Ownership is the right to enjoy and dispose of things in the most absolute manner, provided they are not used in a way prohibited by laws or regulations.
Home | French Legislation Articles | French Civil Code | Book II: Property and the various changes in ownership | Title II: Ownership
Ownership is the right to enjoy and dispose of things in the most absolute manner, provided they are not used in a way prohibited by laws or regulations.
No one may be compelled to dispose of his property, except in the public interest, and subject to fair and prior compensation.
Ownership of a thing, whether movable or immovable, gives a right to everything it produces, and to that which is accessorily united to it either naturally or artificially. This right is called the “right of accession”.
The natural or industrial fruits of the earth, The civil fruits, The growth of animals, belong to the owner by right of accession.
The fruits produced by the thing belong to the owner only on condition that he reimburses the costs of ploughing, work and sowing carried out by third parties, the value of which is estimated at the date of reimbursement.
The simple possessor makes the fruits his own only where he possesses in good faith. Otherwise, he is bound to return the products with the thing to the owner who claims it; if the said products are not found in kind, their value is estimated at the date of repayment.
The possessor is in good faith when he possesses as owner, by virtue of a title transferring ownership of which he is unaware of the defects. He ceases to be in good faith from the moment these defects become known to him.
Everything that unites with and incorporates into the thing belongs to the owner, according to the rules that will hereinafter be established.
Property of the ground carries with it ownership of the land above and below. The owner may make above it all the plantations and constructions he deems appropriate, subject to the exceptions set out in the title “Of land easements or services”. He may make below it all the constructions and excavations he deems appropriate, and draw from these excavations all the products they may provide, subject to the modifications…
All constructions, plantations and works on land or in the interior are presumed to have been made by the owner at his own expense and to belong to him, unless the contrary is proved; without prejudice to the ownership which a third party may have acquired or may acquire by prescription either of an underground passage under the building of another, or of any other part of the building.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.