Vices&Actions

• Two Types of Nullity

  - Absolute Nullity

  - Relative Nullity
• Absolute Nullity


  - Definition: Absolute nullity is the most severe form of nullity. It means that a contract or legal act is completely void and has no legal effect from the outset.

  - Grounds: Absolute nullity is typically invoked when a rule of law has been violated that is intended to protect the general interest.

  - Who can invoke: Absolute nullity can be invoked by anyone who has an interest in doing so. This includes the parties to the contract or legal act, as well as third parties.
• Legal Effects of Possession [Article 2229]


  - Continuous (continue): Possession must be uninterrupted.

  - Peaceful (paisible): Possession cannot be obtained through violence or threats.

  - Public (publique): Possession must be known to the public, not hidden.

  - Unequivocal (non équivoque): Possession must clearly indicate the intent to act as owner.
• Four Defects of Possession

  1. Violence (la violence)

  2. Discontinuity (la discontinuité)

  3. Clandestinity (la clandestinité)

  4. Equivocality (l'équivocité)
• Purging of Defects:


  - Violence: Stop using violence and return the good to the rightful owner.

  - Discontinuity: Publicly resume possession with the intention of acting as owner.

  - Clandestinity: Make possession public.

  - Equivocality: Clearly demonstrate the intention to act as owner.
• Difference between Vices de Violence and Vices de Clandestinité

  - Vices de violence: Possession is inherently defective due to the illegitimate means of acquisition. Purging is not possible.

  - Vices de clandestinité: Possession may be defective, but there is a possibility of purging if the possession becomes public and the possessor acts as an owner.
• Clandestinity (La Clandestinité)


  - Secrecy: The possessor takes steps to hide their possession from the public eye.

  - Dissimulation: The possessor acts with the intent to conceal their possession.

  - Lack of Openness: The possession is not exercised openly or publicly
• Absolute Defects of Possession (Vices Absolus)


  Defects that render possession completely invalid and prevent it from producing any legal effects, regardless of who challenges the possession
• Non-Equivocal Possession (Possession Non Équivoque)


  Possessor's actions and behavior clearly and unambiguously demonstrate their intention to act as the owner of the property, leaving no room for doubt or misinterpretation by third parties.
• Types of Loss of Possession

  - Loss of Corpus

  - Loss of Animus
• Loss of Corpus


  - Alienation (Aliénation): When the possessor transfers ownership of the property to another person through a voluntary transaction, such as a sale, gift, or exchange. The new acquirer gains possession of the property.

  - Res Derelictae (Choses Abandonnées): When the possessor intentionally abandons the property, relinquishing all claims to ownership and control. The property becomes res derelictae, meaning it is no longer under anyone's possession and can be acquired by the first person to take possession of it.
• Loss of Animus


  - Loss of Intent (Perte d'Intention): When the possessor no longer intends to act as the owner of the property, even though they retain physical control. This can happen if they believe they no longer own the property or if they intend to hold it for someone else.

  - Preservation of Corpus (Conservation du Corpus): While the possessor retains physical control, they no longer act as the owner. This could occur if they are holding the property for someone else, such as a caretaker or a bailee.
• Consequences of Loss of Possession

  - Termination of Prescription: If possession is lost, the possessor cannot continue to acquire ownership through prescription. The time spent in possession before the loss is not counted.

  - Vulnerability to Claims: The loss of possession can make the former possessor more vulnerable to claims from others who may assert ownership rights.

  - Need to Reclaim Possession: If the former possessor wishes to regain ownership, they may need to take legal action to reclaim possession or establish their ownership rights through other means.
• Possession as Title for Movable Property [Article 2282]


  The person who possesses a movable item is presumed to be the owner, and the burden of proof lies with anyone who challenges their ownership
• Restitution of Lost or Stolen Items [Article 2283]


  The rightful owner can claim the property back from the current possessor within three years from the date of loss or theft. However, if the current possessor purchased the item in good faith at a fair or market, or from a merchant who regularly sells such items, the original owner can only reclaim the property by reimbursing the possessor the price they paid for it.
• Possessory Action (Action Possessoire)


  Proceeding initiated by a possessor of real property (immovable property) to protect their possession and seek redress for any disturbances or dispossession they have experienced.
• Key Characteristics of Possessory Action

  - Protection of Possession: The primary objective is to safeguard the possessor's current possession, regardless of their ownership rights.

  - No Proof of Ownership Required: The possessor does not need to prove their ownership of the property to succeed in a possessory action.

  - Limited Scope: The action addresses only recent disturbances or dispossession, typically within a year or prescribed period.
• Petitory Action (Action Pétitoire)


  Legal proceeding initiated by an individual who claims to be the rightful owner of real property to assert their ownership rights and seek recovery of the property from the current possessor.
• Key Characteristics of Petitory Action

  - Assertion of Ownership: The action is based on the plaintiff's claim of ownership of the property.

  - Proof of Ownership Required: The plaintiff must prove their legal title to the property to succeed in a petitory action.

  - Comprehensive Scope: The action addresses the overall ownership rights to the property, regardless of recent disturbances or dispossession.