Book III: Different ways of acquiring property

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.

To complete the prescription, one may join to his possession that of his author, in whatever manner one has succeeded to him, either universally or privately, or for profit or valuable consideration.

Those who possess for others never prescribe by any lapse of time. Thus, the lessee, the depositary, the usufructuary and all others who precariously hold the owner’s property or right cannot prescribe it.