Louisiana Civil Code

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SECTION 2 - ACQUISITION, EXERCISE, RETENTION, AND LOSS OF POSSESSION

Art. 3424. To acquire possession, one must intend to possess as owner and must take corporeal possession of the thing. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3425. Corporeal possession is the exercise of physical acts of use, detention, or enjoyment over a thing. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3426. One who possesses a part of an immovable by virtue of a title is deemed to have constructive possession within the limits of his title. In the absence of title, one has possession only of the area he actually possesses. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3427. One is presumed to intend to possess as owner unless he began to possess in the name of and for another. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3428. One may acquire possession of a thing through another who takes it for him and in his name. The person taking possession must intend to do so for another. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3429. Possession may be exercised by the possessor or by another who holds the thing for him and in his name. Thus, a lessor possesses through his lessee. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3430. A juridical person acquires possession through its representatives. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3431. Once acquired, possession is retained by the intent to possess as owner even if the possessor ceases to possess corporeally. This is civil possession. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3432. The intent to retain possession is presumed unless there is clear proof of a contrary intention. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3433. Possession is lost when the possessor manifests his intention to abandon it or when he is evicted by another by force or usurpation. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3434. The right to possess is lost upon abandonment of possession. In case of eviction, the right to possess is lost if the possessor does not recover possession within a year of the eviction.

When the right to possess is lost, possession is interrupted. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

 

SECTION 3 - VICES OF POSSESSION

Art. 3435. Possession that is violent, clandestine, discontinuous, or equivocal has no legal effect. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3436. Possession is violent when it is acquired or maintained by violent acts. When the violence ceases, the possession ceases to be violent.

Possession is clandestine when it is not open or public, discontinuous when it is not exercised at regular intervals, and equivocal when there is ambiguity as to the intent of the possessor to own the thing. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

 

SECTION 4 - PRECARIOUS POSSESSION

Art. 3437. The exercise of possession over a thing with the permission of or on behalf of the owner or possessor is precarious possession. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3438. A precarious possessor, such as a lessee or a depositary, is presumed to possess for another although he may intend to possess for himself. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3439. A co-owner, or his universal successor, commences to possess for himself when he demonstrates this intent by overt and unambiguous acts sufficient to give notice to his co-owner.

Any other precarious possessor, or his universal successor, commences to possess for himself when he gives actual notice of this intent to the person on whose behalf he is possessing. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3440. Where there is a disturbance of possession, the possessory action is available to a precarious possessor, such as a lessee or a depositary, against anyone except the person for whom he possesses. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

 

SECTION 5 - TRANSFER, TACKING, AND PROOF OF POSSESSION

Art. 3441. Possession is transferable by universal title or by particular title. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3442. The possession of the transferor is tacked to that of the transferee if there has been no interruption of possession. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3443. One who proves that he had possession at different times is presumed to have possessed during the intermediate period. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3444. Possession of immovables is protected by the possessory action, as provided in Articles 3655 through 3671 of the Code of Civil Procedure.

Possession of movables is protected by the rules of the Code of Civil Procedure that govern civil actions. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

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