Title 5

Possession is the holding of a property for oneself.

Whether a person holds an asset and whether they do so for themselves or for another is determined according to common opinion (verkeersopvatting)…

A person who holds an object is presumed to hold it for himself.

If a legal relationship exists between two persons to the effect that what one shall acquire in a certain manner shall be held by him for the other…

When a person has commenced to hold for another under a legal relationship, he continues to do so under the same title, as long as it does not appear…

Possession is acquired by taking possession, by transfer or by succession under general title.

A person acquires possession of a good by obtaining factual power over it.

A possessor transfers his possession by enabling the acquirer to exercise such power as he himself could exercise over the property.

For the transfer of possession, a bilateral declaration without a physical act is sufficient:

A person who succeeds another under a general title succeeds thereby that other person in the latter's possession and detentorship (houderschap)…

A possessor of a property loses possession when he manifestly abandons the property, or when another person acquires possession of the property.

A possessor is in good faith if he considers himself to be the person entitled and could also reasonably consider himself as such.

The possessor of a property is presumed to be the person entitled to it.

A possessor in good faith is entitled to separated natural fruits and to civil fruits that have become exigible.

A possessor who is not in good faith is, towards the person entitled to the property, obliged not only to deliver the property but also to deliver…

If the person entitled, in order to be released from the compensations owed by him pursuant to the two preceding articles, wishes to transfer the…

If the possessor of a thing has made changes or additions thereto, he is authorised, instead of claiming the compensation due to him on the basis of…

When a person holds an item for another and it is claimed from him by a third party as the person entitled thereto, the provisions of the preceding…

A person who has acquired the possession of an asset may, on the basis of a subsequent loss of possession or disturbance of possession, institute the…