However, the persons set out in articles 2266 and 2267 may prescribe, if the title to their possession is inverted, either by a cause coming from a third party, or by the contradiction they have opposed to the owner’s right.
Those to whom tenants, bailees, usufructuaries and other precarious holders have transferred the property or the right by a title transferring ownership may prescribe it.
One cannot prescribe against one’s title, in the sense that one cannot change to oneself the cause and principle of one’s possession.
Acquisitive prescription is interrupted when the possessor of a property is deprived for more than one year of the enjoyment of that property either by the owner or even by a third party.
The limitation period required to acquire ownership of real estate is thirty years. However, a person who acquires real estate in good faith and by just title prescribes ownership after ten years. .
A title invalid for lack of form cannot serve as a basis for the ten-year statute of limitations.
Good faith is always presumed, and it is up to the person alleging bad faith to prove it.
It is sufficient that good faith existed at the time of acquisition.
In the case of movable property, possession is equivalent to title. Nevertheless, a person who has lost something or from whom it has been stolen may claim it for three years from the day of the loss or theft, against the person in whose hands he finds it; save to the latter his recourse against the person from whom he has it.
If the present possessor of the stolen or lost thing has purchased it at a fair or market, or at a public sale, or from a merchant selling such things, the original owner may only have it returned by reimbursing the possessor for the price it cost him. A lessor who claims, by virtue of article 2332, the furniture moved without his consent and which was purchased under the same…
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is a Registered Trademark of
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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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