|
|
§ 32. Definition of possession
Possession is actual control over a thing or exercise of a real servitude.
§ 33. Possessor
- (1)
- A possessor is a person who has actual control over a thing.
- (2)
- A person who possesses a thing on the basis of a commercial lease, residential lease, deposit, pledge or other relationship which grants the person the right to possess the thing of another person temporarily is a direct possessor, while the other person is an indirect possessor.
- (3)
- A person who exercises actual control over a thing according to the orders of another person in the housekeeping or enterprise of the other person is not a possessor.
§ 34. Legal and illegal possession
- (1)
- Possession is legal or illegal depending on whether or not it is founded on a legal basis.
- (2)
- Possession shall be deemed legal until the contrary is proved.
§ 35. Possession in good faith and bad faith
- (1)
- Possession is in good faith if a possessor does not or need not know that the possession by the possessor lacks a legal basis or that another person has a greater right to possess the thing.
- (2)
- Possession is in bad faith if a possessor knows or must know that the possession by the possessor lacks a legal basis or that another person has a greater right to possess the thing.
- (3)
- Possession shall be deemed in good faith until the contrary is proved.
|
|
