Article 1367Possession, définition

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 12473/2553 (2010)

   Possessory right under section 1367 is acquired by holding property with the intention of holding it for oneself, but it cannot be acquired during a statutory period in which transfer of the land is prohibited. A buyer who takes delivery and works the land during that period acquires the possessory right only from the day the prohibition expires, provided he is still in possession then.

   Defendant 1 sold the land to P., delivered possession and never became involved with it again, which showed he had abandoned the intention to hold it under section 1377 paragraph one. Although P. bought and worked the land during the statutory transfer-prohibition period, he acquired no possessory right then, being restrained by Land Code section 58 bis. But P. and the plaintiff, who lived together as husband and wife, remained in possession past the end of that period, so the Court held they acquired the possessory right under section 1367 from the day the prohibition expired. Defendant 1 therefore had no possessory right and could not subdivide and transfer the land to defendants 2 to 9. Because the sale contract itself was void as prohibited by law, P. could not compel defendant 1 to register a transfer: his right arose by operation of law.

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2. Arrêt de la Cour suprême n° 8160/2551 (2008)

   Physical delivery of land constitutes a valid transfer of possession under section 1367 even where the transfer of title is incomplete for lack of registration.

   Defendant 1 sold NS.3 Kor land to the plaintiff in writing but without registration; Defendant 1 delivered possession to the plaintiff who has held it ever since. Although the transfer of right was incomplete for lack of registration, the physical delivery constituted a valid transfer of possession under section 1367.

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