Article 1381: Change in character of possession by a representative possessor

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 16430/2557 (2014)

   An estate administrator holds estate property as a representative under Section 1381; without clear notice to the heirs of a change of intent, no adverse possession can arise.

   An estate administrator who managed estate land without ever notifying the heirs of an intention to hold in his own right was held under Section 1381 to be holding as a representative and could not claim adverse possession; the limitation period for inheritance claims had not begun to run.

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2. Arrêt de la Cour suprême n° 5697/2553 (2010)

   The one-year period to recover possession runs only from the date the representative possessor notifies the true possessor of a change of holding under Section 1381, not from when the representative first took physical control.

   Where defendants held land as representatives of the plaintiff, they could not be said to have 'wrested' possession until they notified the plaintiff of a change in their holding under Section 1381; the one-year period to reclaim possession (Section 1375) did not begin until that notification.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.