BOOK 2, TITLE 5, CHAPTER 1 – POSSESSION AND THE KINDS THEREOF

CHAPTER 1

Possession and the Kinds Thereof

ARTICLE 523. Possession is the holding of a thing or the enjoyment of a right. (430a)

ARTICLE 524. Possession may be exercised in one’s own name or in that of another. (431a)

ARTICLE 525. The possession of things or rights may be had in one of two concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person. (432)

ARTICLE 526. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.

He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing.

Mistake upon a doubtful or difficult question of law may be the basis of good faith. (433a)

ARTICLE 527. Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof. (434)

ARTICLE 528. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully. (435a)

ARTICLE 529. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved. (436)

ARTICLE 530. Only things and rights which are susceptible of being appropriated may be the object of possession. (437)

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