Things and Ownership – Ownership and Possession

Things and Ownership – Ownership and Possession

Art. 477. Ownership; content. A. Ownership is the right that confers on a person direct, immediate, and exclusive authority over a thing. The owner of a thing may use, enjoy, and dispose of it within the limits and under the conditions established by law.

Art. 479. Necessity of a person. The right of ownership may exist only in favor of a natural person or a juridical person.

Art. 481. Ownership and possession distinguished. The ownership and the possession of a thing are distinct. Ownership exists independently of any exercise of it and may ‘not be lost by nonuse. Ownership is lost when acquisitive prescription accrues in favor of an adverse possessor.

Art. 3421. Possession. Possession is the detention or enjoyment of a corporeal thing, movable or immovable, that one holds or exercises by himself or by another who keeps or exercises it in his name. The exercise of a real right, such as a servitude, with the intent to have it as one’s own is quasi-possession. The rules governing possession apply by analogy to the quasi-possession of incorporeals.

Art. 3422. Nature of possession; right to possess. Possession is a matter of fact; nevertheless, one who has possessed a thing for over a year acquires the right to possess it.

Art. 478. Resolutory condition; real right in favor of other person. The right of ownership may be subject to a resolutory condition, and it may be burdened with a real right in favor of another person as allowed by law. The ownership of a thing burdened with a usufruct is designated as naked ownership.

Art. 480. Co-ownership. Two or more persons may own the same thing in indivision, each having an undivided share.