M9: Possession

What are the two key elements of possession?

• Ownership and use

• Corpus and animus

• Rights and obligations

• Good faith and bad faith

Who is an owner-like possessor?

• A person who possesses a thing as though they are its owner, regardless of legal title

• A person who holds a thing on behalf of someone else

• A tenant under a lease agreement

• A person who borrows a thing temporarily

What distinguishes a dependent possessor from an actual holder?

• Legal ownership

• The presence of animus

• Physical control of the thing

• The type of contract they have

According to Art. 169 § 1 CC, what condition must be met for a person to acquire ownership of a movable from someone not entitled to dispose of it?

• The person acts in bad faith

• The movable must be money or a bearer document

• The acquirer must act in good faith

• The movable must be stolen

What does Art. 342 CC state about possession breaches?

• Possession breaches are allowed if the possessor is in bad faith

• Possession cannot be willfully breached, even if the possessor is in bad faith

• Possession breaches are always lawful

• Possession breaches can only be resolved in court

What does the presumption of continuity (Art. 340 CC) imply?

• Possession is always legal

• Possession is presumed to be continuous unless proven otherwise

• Possession is limited to a specific time frame

• Only ownership-like possession is protected

Which type of possession is protected regardless of the possessor's good or bad faith?

• Illegal possession

• Dependent possession

• Owner-like possession

• All types of possession

How long does a possessor have to file a claim for possession restoration according to Art. 344 CC?

• Three months

• Six months

• One year

• Five years

What is the role of animus in distinguishing a dependent possessor from an actual holder?

• Both have animus to possess as their own

• Only dependent possessors have animus to possess as their own

• Only actual holders have animus to possess as their own

• Animus does not apply to either

Which Article of the Civil Code allows for self-defense to repel a willful breach of possession?

• Art. 169

• Art. 342

• Art. 343

• Art. 344