You are on page 1of 9

Art.

547 If the useful


improvements can be
removed without damage
to the principal thing, the
possessor in good faith
may remove them, unless
the person who recovers
the possession exercises
the option under
paragraph 2 of the
preceding article.
“Damage” means a
substantial one that reduces
the value of the property,
thus a slight injury curable by
an ordinary repair does not
defeat the right of removal,
but the repairs should be
chargeable to the possessor,
for it is he who benefits by
the removal and object
removed.
Art. 548 Expenses for pure
luxury or mere pleasure
shall not be refunded to he
possessor in good faith; but
he may remove the
ornaments with which he
has embellished the
principal thing if it suffers
no injury thereby, and if his
successor in the possession
does not prefer to refund
the amount expended.
Art. 549 The possessor in bad faith
shall reimburse the fruits received
and those which the legitimate
possessor could have received, and
shall have a right only to the
expenses mentioned in par. 1 of
Art. 546 and in Art. 443. The
expenses incurred in
improvements for pure luxury or
mere pleasure shall not be
refunded to the possessor in bad
faith; but he may remove the
objects for which such expenses
have been incurred provided that
the thing suffers no injury thereby,
and that the lawful possessor does
not prefer to retain them by paying
the value they may have at the
time he enters into possession.
Art. 550 The costs of litigation over the
property shall be borne by every
possessor.
Art. 551 Improvements caused by nature or time
shall always inure to the benefit of the person
who has succeeded in recovering possession.
Art. 552 A possessor in good
faith shall not be liable for
deterioration or loss of the
thing possessed, except in
cases in which it is proved
that he has acted with
fraudulent intent or
negligence, after the judicial
summons.
A person in bad faith shall be
liable for deterioration or
loss in every case, even if
caused by a fortuitous event.
Art. 553 One who
recovers possession
shall not be obliged
to pay for
improvements which
have ceased to exist
at the time he takes
possession of the
thing.
Art. 554 A present
possessor who shows his
possession at some
previous time, is presumed
to have held possession also
during the intermediate
period, in the absence of
proof to the contrary.

You might also like