Understanding Ownership Effects and Legal Protections
Effects of Ownership
When someone possesses an item without being the owner, certain consequences arise, as ownership differs from possession.
1. Fruit Perception (Art. 1214 CC)
1.1 Possessor in Good Faith
Entitled to the fruits perceived in time. Can use and enjoy the item, reaping all benefits. Good faith must exist at the time of perception. Upon termination of good faith (awareness of possession vices), there are no outstanding rights to fruits, except for harvesting in advance to repay costs and overhead.
1.2 Possessor in Bad Faith
Responsible for damages caused by harvested and perceived fruits, including those not realized due to their fault, but entitled to production costs.
2. Indemnification for Improvements
2.1 Possessor in Good Faith
Entitled to indemnification for necessary and useful improvements. Luxury improvements can be removed if no damage is caused.
2.2 Possessor in Bad Faith
Reimbursed only for necessary improvements.
2.3 Summary
- Good Faith: a) Right to fruits, b) Compensation for necessary and useful improvements, c) Lien for improvement payment guarantee, d) Removal of luxury improvements.
- Bad Faith: a) Duty to indemnify harvested fruits, b) Liability for loss, c) No lien, d) No right to luxury improvements, e) Compensation only for necessary improvements.
3. Right to Compensation for Damage or Maintenance
After being reinstated.
4. Brief Maintenance for Long Possession
Over a year and a day, if there is a risk of harm and a prima facie case.
5. Ownership by Prescription
In some cases, the possessor may acquire ownership by prescription.
6. Defense of Ownership
6.1 Invoking the School of Banns
Possessory actions are direct, aiming to maintain or restore possession.
6.1.1 Interdiction
Preventive protection against threats of disturbance or dispossession, often with a financial penalty for breaching court orders. If the threat is new (less than a year and a day), a special rite action can be joined with a preliminary injunction.
6.1.2 Maintenance of Ownership
When the possessor suffers disturbance, compensation for damages and a penalty for recurrence can be sought. If the disturbance is new, maintenance can be granted without hearing the other party.
6.1.3 Reintegration of Ownership
Used to regain possession if dispossessed by violence or hiding.
7. Self-Defense and Immediate Retaliation (Art. 1210, ยง 1 CC)
Allows the possessor to act against the aggressor using necessary measures to maintain possession or recover lost possession with moderate means.
7.1 Summary
Defense of Possession:
- Judicial: a) Interdiction, b) Maintaining possession, c) Repossession, d) Injunction of new work, e) Infectious damage, f) Third-party embargoes.
- Direct: a) Personal defense of title to remain (in disturbance), b) Immediate personal vengeance to restore it (in robbery).