Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

PROPERTY 207
TITLE TWO
POSSESSION
CHAPTER I
THE NATURE OF POSSESSION
20 Possession is the exercise in fact of a real right, by
oneself or by another, as holder of such right.
Such intention is presumed. If it is shown to be lacking,
there is detention.
21 When one person has begun detention for another, he is
presumed to exercise such detention in the same quality,
unless interversion of title is proven.
Proof can result only from unequivocal facts which
contradict the right of the person on whose behalf the
detention is effected.
22 Possession cannot be based on any act which is merely
facultative or of sufferance.
23 If possession is to produce legal effects, it must be
continuous, peaceful, public and unequivocal.
24 The present possessor is presumed to have been in
continuous possession from the time he assumed possession.
25 Where possession is discontinuous, violent, clandestine
or equivocal, it begins to produce its effects when the defect
has ceased.
Successors by any title do not suffer from such defects in
the possession of previous holders, provided their own possession
can produce juridical effects.