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

PRESCRIPTION 561
CHAPTER III
PERIODS FOR ACQUISITIVE PRESCRIPTION
40 The period for acquisitive prescription is twenty-five
years, except as otherwise fixed by law.
41 In matters of immoveable property, the period for
prescription is ten years, provided the possessor has acquired
in good faith and by translatory title.
42 A subsequent acquirer need merely have been in good
faith at the time of the acquisition, even when his effective
possession began later.
The same applies when there is joinder of possession
with respect to each previous acquirer.
43 A title which is absolutely null may not serve as a basis
for the ten-year prescription.
44 When the ten-year prescription can run, every new
acquirer of an immoveable affected by a servitude, charge or
hypothec may be compelled to furnish a new title at his own
expense.
45 The possessor in good faith of moveable property
acquires the ownership of it by three years running from the
loss of possession.
As long as this period has not expired, the owner may
revendicate the moveable property, unless it has been acquired
under the authority of justice.
The owner who has revendicated the moveable property
need not reimburse the price paid by the possessor.