Title 4
in forceAcquisition and loss of property
Section 1
General provisions
One may acquire property under general title and under particular title.
A person to whom an independent and transferable right belongs may, within the limits of that right, encumber it with the limited rights specified by…
Dependent rights follow the right to which they are attached.
Section 2
Transfer of property and waiver of limited rights
Ownership, limited rights and rights of action are transferable, unless the law or the nature of the right opposes a transfer.
For the transfer of property, a delivery pursuant to a valid title is required, performed by the person who is authorised to dispose of the property.
An obligation to transfer an asset for a specified period of time shall be deemed to be an obligation to create a usufruct (vruchtgebruik) on the…
Notwithstanding the lack of right to dispose on the part of the alienator, a transfer in accordance with Article 90, 91 or 93 of a movable property…
Article 86 cannot be invoked against a Member State of the European Union or against another State party to the Agreement on the European Economic…
Article 86 may not be invoked against a State Party to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and…
An acquirer who, within three years after his acquisition, is asked who alienated the property to him, must without delay provide the information…
In order to determine whether the possessor exercised due care upon the acquisition of a cultural object as referred to in Article 86a paragraph 1 or…
Notwithstanding the lack of right to dispose on the part of the alienator, a transfer of a registered property, of a right in personam, or of another…
The delivery required for the transfer of immovable property shall be effected by a notarial deed drawn up between the parties for that purpose…
The delivery required for the transfer of movable property, not being registered property, which is in the power of the alienator, is effected by…
The delivery of the assets referred to in the preceding article in performance of an obligation to transfer under a condition precedent, shall be…
If an agreement has the purpose that one party reserves the ownership of a thing which is brought into the power of the other party until a…
The delivery required for the transfer of a right to bearer, of which the bearer instrument is in the power of the alienator, shall be effected by…
Apart from the cases regulated in the preceding Article, rights to be exercised against one or more specific persons are delivered by a deed intended…
Outside the cases regulated in Articles 89-94 and subject to the provisions of Articles 96 and 98, goods are delivered by a deed intended for that…
The delivery of a share in a property shall be effected in the same manner and with the same consequences as prescribed in respect of the delivery of…
Future goods may be delivered in advance, unless it is prohibited to make them the subject of an agreement or they are registered property…
Unless the law provides otherwise, all that is provided in this Section regarding the transfer of property shall apply mutatis mutandis to the…
Section 3
Acquisition and loss by prescription
Rights to movable property that are not registered property, and rights to bearer or to order, are acquired by a possessor in good faith through…
A person who has taken possession of an estate cannot acquire that estate and the assets belonging thereto by prescription to the detriment of the…
A prescription period begins to run at the start of the day following the commencement of possession.
A person who succeeds another in possession under general title continues a running prescription.
Involuntary loss of possession does not interrupt the course of the limitation period, provided that possession is recovered within one year or a…
When the prescription of a right of action aimed at the termination of possession is interrupted or extended, the acquisitive prescription is thereby…
A person who possesses an asset at the time when the prescription of the right of action to terminate the possession is completed, acquires that…
When the prescription of a right of action of a limited right holder against the principal right holder for the termination of a situation that is in…