Chapter Third: Possessory Actions

Article 20

Possession suits are of two kinds: 1- An action to prevent trespass aimed at preventing interference with possession. 2- An action to recover possession aimed at recovering possession unlawfully taken from the possessor.

Article 21

The action for prohibition of disturbance requires: 1- That the plaintiff himself or through a predecessor in title holds an original real right of quiet, public, and uninterrupted possession for at least one year prior to the disturbance. Possession is not considered interrupted if an obstacle beyond control, resulting from force majeure, prevented the exercise of actual control over the right. 2- That the plaintiff's possession has been disturbed by an act that limits the exercise of that possession, whether such act is complete or a project under construction that leads to the disturbance of his possession, and whether such construction occurs on the property in the plaintiff's possession or on another's property and is likely to cause harm to that property.

Article 22

For an action to recover possession: 1- The plaintiff must be in actual physical possession of an original real property right possessing the conditions specified in the first paragraph of the preceding article, except for the condition of continuance for at least one year before dispossession by the defendant

Article 23

It also accepts the possession claim of both types from the accidental possessor, such as the depository, the mortgagee, the lessee, the farmer, and the holder of a concession in the public property of the state, with the exception of the case where the claim is directed against the one from whom the accidental possessor derived his rights.

Article 24

1. An action for possession shall not be heard unless it is brought within one year from the date of the dispossession or disturbance, unless the dispossession or disturbance remains hidden or its cause is tainted with ambiguity or confusion, in which case the one-year time limit shall start from the date on which the possessor discovers or becomes certain of the dispossession or disturbance.

Article 25

It is not permissible to join an action for possession with an action for right. Whoever brings an action for right is deemed to have renounced the action for possession unless their possession was attacked during the proceedings of the action for right, or if they brought the action for right as incidental to the possession action and at the same time.

Article 26

1. It is not permissible for the defendant in a possession claim to institute an action of right except after the removal of the trespass committed by him.

Article 27

1. The judge presiding over a possession claim may not delve into the original right or base his judgment on reasons or documents related to this right, unless he relies on them to assess the type of possession and the availability of its legal conditions. 2. The judgment in a possession claim is provisionally enforceable.