Article 2255 of the French Civil Code
November 6, 2023
Possession is the holding or enjoyment of a thing or right which we hold or exercise by ourselves, or by another who holds or exercises it on our behalf.
Possession is the holding or enjoyment of a thing or right which we hold or exercise by ourselves, or by another who holds or exercises it on our behalf.
One is always presumed to possess for oneself, and as owner, unless it is proved that one began to possess for another.
When one has begun to possess for another, one is always presumed to possess in the same capacity, if there is no proof to the contrary.
Acquisitive prescription is a means of acquiring property or a right by the effect of possession without the person alleging it being obliged to produce a title to it or being able to rely on the exception deduced from bad faith.
The articles 2221 and 2222, and Chapters III and IV of Title XX of this book subject to the provisions of this chapter.
Goods or rights that are not in commerce cannot be prescribed.
In order to prescribe, there must be continuous and uninterrupted, peaceful, public, unequivocal possession, and as owner.
Acts of pure faculty and those of mere tolerance cannot found either possession or prescription.
Nor can acts of violence form the basis of possession capable of effecting prescription. Useful possession does not begin until violence has ceased.
The present possessor who proves that he possessed formerly is presumed to have possessed in the intervening time, unless proved otherwise.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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
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