The transfer of rights in rem of personal property will not effect until the personal property has been delivered. However, if the transferee has been in possession of the personal property, the transfer effects when the parties agree to such transfer.
In the transfer of a right in rem of personal property, where the transferor is still in possession of it, a contract causing the transferee to acquire its indirect possession may be made between the parties in the place of its delivery.
In the transfer of a right in rem of personal property, where a third party is in possession of it, the transferor may transfer the claim against such third party for the return of it to the transferee in place of its delivery.
If the ownership of a thing, and any other right in rem of the same thing assigned to one and the same person, such other right in rem of thing is extinguished by merger, except the owner or a third party has a legal advantage in the continuance of such other right in rem.
If any right in rem other than ownership and any right of said right in rem assigned to one and the same person, such right of right in rem is extinguished by merger.
The exception of the provision in the preceding article shall apply mutatis mutandis to the case of the preceding paragraph.
Unless otherwise restricted by the Acts and regulations, ownership of land extends to such height and depth above and below the surface of the land within the range advantageous to the exercise of such ownership. Interference from others shall not be excluded if it does not obstruct the exercise of the ownership.
When the disruption or obstruction of works constructed on a piece of land for the purposes of storing, draining or drawing water has caused prejudice or may cause prejudice to another’s land, the landowner shall, at his own expenses, make necessary repair, dredging or prevention. However, if the bearing of such expenses is otherwise provided by custom, such custom shall be followed.
The landowner, who cannot procure the water necessary for his household or for utilizing his land without undertaking excessive expenses or labor, is entitled to make compensation and demand the owner of the adjacent land for the spare water.
If, things or animals of another have by accident entered the land, the landowner shall allow the possessor or the owner of the things or animals to enter the land in order to find them and take them back.
In the case specified in the preceding paragraph, the landowner is entitled to claim compensation for the injury, if any; and he is also entitled to retain the said things or animals until such compensation has been made.-->
If there is danger of falling of the whole or a part of a building or other works on a piece of land, and this may prejudice to the adjacent land, the owner of the adjacent land is entitled to claim for necessary prevention.-->
Section 3 - Ownership of the Personal PropertyEdit
When a transferee of a personal property is in possession of it and is protected by the provisions concerning possession, he acquires the ownership of the same even if the transferor has no right to transfer such ownership.
Whoever finds a treasure-trove and takes possession of it, he acquires its ownership. However, if the treasure-trove is found in a personal or real property owned by another, the finder and the owner of such personal or real property shall equally acquire a half of the treasure-trove.
When a treasure-trove that has been found is fit for the academic, artistic, archaeological or historical material, its ownership shall be determined in accordance with the provisions of the particular law relating thereto.-->
When a personal property becomes an important component part of a real property through attaching, the owner of the real property acquires the ownership of such personal property.
When a personal property belonging to one person is attached to a personal property belonging to another person in such a way that they cannot be separated without damage or can only be separated through the incurring of excessive expenses, both owners shall jointly own the composition in proportion to the value of each personal property at the time they were attached.
If one of the personal properties attached as specified in the preceding paragraph can be deemed to be the principal thing, the owner of such principal thing acquires the ownership of the composition.
The provisions of the preceding article shall be mutatis mutandis applied when a personal property is mixed together with a personal property belonging to another person so as to be no longer distinguishable from each other or so as to be distinguished only through the incurring of excessive expenses.
When a person has contributed work to a personal property belonging to another, the ownership of the personal property upon which the work is done belongs to the owner of the material thereof. However, if the value of the contributing work obviously exceeds the value of the material, the ownership of the personal property upon which the work is done belongs to the contributing person.
When the ownership of a personal property is extinguished in accordance with the provisions of the preceding four articles, all other rights over such personal property are also extinguished.
Each co-owner may exercise the right of ownership against the third party for the whole thing held in indivision. However a claim for restoration of the said thing may only be made for the common interests of all the co-owners.
Each co-owner in proportion to his share bears a liability or warranties the same as that of a seller in regard to the things which the other co-owners have acquired by partition.
After the partition of a thing held in indivision, each participant shall preserve all documents relating to the thing which he has acquired.
After the partition of a thing held in indivision, all documents relating to the said thing shall be preserved by the person who has acquired the largest portion of the thing. If no person has acquired a larger portion, the partitioners shall determine the person who shall preserve the said documents by agreement, and if it cannot be determined by agreement, the person shall be nominated by the court on the application of the partitioners.
Each partitioner is entitled to claim the use of the documents preserved by the other partitioners.
The effect of a mortgage extends to the civil profits which the mortgagor may collect from the property mortgaged after the attachment of such property. However, the mortgagee cannot claim against the obligor who shall pay the civil profits, until he has notified such obligor of the fact of attaching the property mortgaged.
If the owner of a real property creates several mortgages on the same property for securing several claims of prestations, the ranks of these mortgages are determined according to the priority of registration.
After the creation of the mortgage, the owner of a real property may transfer the said real property to another person, but the mortgage is not affected thereby.
When a real property mortgaged has been partitioned or partially transferred, or when one of the several real properties securing the same claim of prestation is transferred to another person, the mortgage is not affected thereby.
If a mortgage has been created on several real properties for the security of the same claim of prestation without specifying the amount to be charged against each of the said real properties, the mortgagee may demand performance of the whole or a part of his claim of prestation from the prices of the sale of each of the said real properties.
After the claim of prestation has matured, a mortgagee may, in order to satisfy his claim of prestation, conclude a contract to acquire the ownership of the property mortgaged, or dispose of it by any means other than an auction, unless it is prejudicial to the interests of the other mortgagees.
In a claim of prestation secured by mortgage, where the claim has been extinguished by prescription, the mortgage is extinguished if it is not exercised by the mortgagee within five years after the completion of such prescription.
For the duration of the lien, the lien creditor may, on his responsibility, sub-lien the thing liened to a third party. He shall be also responsible for any loss or injury caused by force majeure resulting from the sub-lien.
If, for the duration of the dian, the property dianed is wholly or partially destroyed due to the dian-holder’s fault, he is liable for such destruction to the extent of the amount of the price given for the dian. However, if the destruction is caused by his intentional actions or gross negligence, he shall compensate for further injury, in addition to that covered by the price given for the dian.
If a period has been fixed for the duration of the dian, the dian-maker may redeem the property dianed at the original price received for the dian after the end of such period.
If the dian-maker does not redeem the property dianed at the original price received for the dian within two years from the end of the said period, the dian-holder acquires the ownership of the property dianed.
If no period has been fixed for the duration of the dian, the dian-maker may redeem the property dianed at any time at the original price received for the dian. However, if it is not redeemed within thirty years from the creation of the dian, the dian-holder acquires the ownership of the property dianed.
If, for the duration of the dian, the dian-maker expresses to transfer to the dian-holder the ownership of the property dianed, the dian-holder may acquire such ownership by paying the difference between the current value of the property dianed and the price given for such dian.
The payment of the difference specified in the preceding paragraph shall be made once only.
On the insolvency of the debtor, the creditor has the right of retention, even before the prestation becomes due.
If the debtor becomes insolvent after the delivery of the personal property or if his insolvency becomes known to the creditor after such delivery, the creditor may exercise his right of retention, even if it is in conflict with the circumstances specified in the preceding article.
A bona fide possessor may demand from the person demanding restoration return for any beneficial outlays incurred for the improvement of the thing possessed in so far as the existing value of the thing is increased thereby.
A mala fide possessor may demand from the person demanding restoration return for any necessary outlays incurred for the preservation of the thing possessed in accordance with the provisions concerning management of affairs without mandate.
A mala fide possessor is liable for the return of profits. If the profits have been consumed, or have been destroyed through his negligence, or have not been collected through his neglect, he is bound to compensate for the value of such profits.
A possessor may defend himself with his own force against any act which deprives him of or interferes with his possession.
If the thing possessed has been seized, the possessor may, if it is a real property, retrieve the same by expelling the tortfeasor immediately after the seizure; or, if it is a personal property, retrieve it from the tortfeasor in the very act or in a pursuit.
The person entitled to the controlling power as specified in Article 942 may also exercise the right of the possessor provided by the preceding article.
If possession has been deprived from a possessor, he may demand the return of the thing possessed; if it is interfered with, he may demand the removal of the interference; and if it is in danger of being interfered with, he may demand the prevention of such interference.
The claim as specified in the preceding article is extinguished by prescription, if it is not exercised within one year from the time of the deprivation or interference or from the existence of the danger of being interfered with.
The possession of a thing is extinguished by the loss of the controlling power de facto, which the possessor exercises in rem of said thing, unless the loss of such controlling power is only temporary.