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Goods In General And Possession

BOOK III. GOODS
TITLE VI. GOODS IN GENERAL AND POSSESSION
Chapter 1. Goods in general

Art .1126. Various kinds of goods.

    All goods are movable or immovable.

Art. 1127.- Corporeal chattels.- 1. Principle.

Corporeal chattels are things which have a material existence and can move themselves or be moved by man without losing their individual character.

Art .1128.- 2. Securities to bearer.

Unless otherwise provided by law, claims and other incorporeal rights embodied in securities to bearer shall be deemed to be corporeal chattels.

Art. 1129. 3. Natural forces.

Unless otherwise provided by law, natural forces of an economic value, such as electricity, shall be deemed to be corporeal chattels where they have been mastered by man and put to his use.

Art. 1130.- Immovables.

    Lands and buildings shall be     deemed to be immovables.

Art. 1131.- Intrinsic elements of goods. 1. Principle.

Unless otherwise provided, rights on, or dealings relating to, goods shall apply to all intrinsic elements thereof.

Art. 1132.- 2. Definition.

(1)    Anything which by custom is regarded as forming part of a thing shall be deemed to be an intrinsic element thereof.
(2)    Anything which is materially united to a thing and can not be detached thereform without destroying or damaging such thing shall be deemed to be an intrinsic element thereof.

Art. 1133.- 3. Trees and corps.

(1)    Trees and corps shall be an intrinsic element of the land until they are separated therefrom.
(2)    They shall be deemed to be distinct corporeal chattels where they are subject to contracts made for their separation from the land or implying such separation.

Art. 1134.- 4. Rights of third parties.

(1)    A thing which becomes an intrinsic element of a movable or immovable shall cease to constitute a distinct thing.
(2)    All the rights which  third parties previously had on such thing  shall be extinguished.
(3)    Nothing shall affect the right of such third parties to make  claims based on liability for damages or unlawful enrichment.

Art. 1135.- Accessories. – 1. Principle

In doubtful cases, rights on, or dealings relating to, things shall apply to the accessories thereof.

Art. 1136.- 2. Definition.

Anything which the possessor or owner of a thing has permanently destined for the use of such thing shall be deemed to be an accessory thereof.

Art. 1137.- 3. Temporary separation from the thing.

No accessory shall lose its character of accessory where it is temporarily detached from the thing to which it is destined.

Art. 1138.- 4. Rights of third parties.

(1)    The rights which third parties may have on a thing shall not be affected by such thing being destined to the use of a movable or immovable.
(2)    Such rights may not be set up against a third party in good faith unless they are embodied in a written document dated prior to the thing having been so destined.

Art. 1139.- 5. Cessation of character of accessory.

(1)    The owner of a thing may put an end to the character of accessory of such thing.
(2)    Nothing shall affect the rights of third parties having had dealings with the owner on the faith of such character.

Chapter 2. Possession

Art. 1140.- Definition.

Possession consist in the actual control over a thing directly or through a third party who holds such thing.

Art. 1142.- Temporary hindrance.

The possessor shall not lose his rights where he is temporarily prevented from exercising control over a thing.

Art. 1143.-  Transfer of possession.

Any transfer of possession made by virtue of a contract shall be effective at the time when the thing is delivered.

Art. 1144.- Documents representing the thing.

(1)    Possession may be transferred to a new possessor by the delivery of the documents representing the thing and enabling him to dispose thereof.
(2)    Where a dispute arises between the holder of the documents and the person who has the actual possession of the thing, the latter shall be preferred unless his bad faith can be proved.

Art. 1145.- Constructive possession.

(1)    The possession of things which are certain and things pertaining to  a generic species which have been individualized shall be deemed to be transferred to the  new possessor where the person who exercises actual control over the thing declares that he shall henceforth detain it on behalf of the new possessor.
(2)    Nothing in this Article shall affect the rights of the creditors of the person exercising actual control over the thing in the event of his bankruptcy.

Art. 1146.- Secret or dubious possession.    
(1)    Secret or dubious possession shall give rise to no right.
(2)    Possession is secret where he who exercises actual control overt the thing conceals his status a s possessor in circumstances which justify the assumption that he has no right in respect thereof.
(3)    Possession is dubious where in the circumstances it is doubtful whether it belongs to  him who alleges himself to be the possessor or whether he detains the thing on behalf of another person.

Art. 1147.- Change of title.

(1)    Unless the contrary is proved, he who began to posses on behalf of another person shall be regarded as a mere holder.
(2)    Proof to the contrary may be adduced by any means.
(3)    It shall not result from a mere change in the intention of the holder.

Art. 1148.- Protection of possession.- 1. Use of force.

(1)    The possessor and the holder may use force to repel any act of usurpation or interference.
(2)    Where the thing has been taken away from him either by violence or secretly, he may take it back forthwith, either by expelling the usurper or by  seizing the thing from the hands of a usurper caught in the act or when running away.
(3)    He shall refrain from any act of violence which is not justified in the circumstances.

Art. 1149.- 2. Legal action.

(1)    The possessor or holder who is deprived of is possession or whose possession is interfered with may require the restoration of the thing or the cessation of the interference and claim compensation for damages.
(2)    The action shall be barred if it is not brought within one year from the day of the usurpation or interference.
(3)    The court shall order the restoration of the thing or the cessation of the interference unless the defendant can prove forthwith and conclusively the existence of a right in his favour justifying his  conduct.

Art. 1150.- Junction of possessions.

(1)    The possessor who is entitled to avail himself of prescription shall benefit by the periods of prescription having run in favour of the former possessor where such former possessor could avail himself of prescription.
(2)    The bare owner may similarly avail himself of  the taxes paid by the usufructuary.