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Showing 41–50 of 56971 articles for “Art. 22-21.272 and 22-24.502”
One cannot prescribe against one's title, in the sense that one cannot change to oneself the cause and principle of one's possession.
In order to prescribe, there must be continuous and uninterrupted, peaceful, public, unequivocal possession, and as owner.
Nor can acts of violence form the basis of possession capable of effecting prescription. Useful possession does not begin until violence has ceased.
To complete the prescription, one may join to his possession that of his author, in whatever manner one has succeeded to him, either universally or privately, or for profit or valuable consideration.
Those to whom tenants, bailees, usufructuaries and other precarious holders have transferred the property or the right by a title transferring ownership may prescribe it.
Acts of pure faculty and those of mere tolerance cannot found either possession or prescription.
…for others never prescribe by any lapse of time.Thus, the lessee, the depositary, the usufructuary and all others who precariously hold the owner's property or right cannot prescribe it.
The heirs of those who held the property or the right to any of the titles designated by the preceding article may not prescribe either.
Goods or rights that are not in commerce cannot be prescribed.
The present possessor who proves that he possessed formerly is presumed to have possessed in the intervening time, unless proved otherwise.
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