Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 322Owner of thing has right to reclaim it from any possessor.

Title II

In forceOfficial text

(1) Save as otherwise provided by law, the owner of a thing has the right to recover it from any possessor.

(2) A possessor who, after being notified of the judicial demand for the recovery of the thing ceases of his own act, to possess such thing, is bound, at his own expense, to regain possession of the thing for the plaintiff, or, if unable to do so, to make good its value, unless the plaintiff elects to proceed against the actual possessor.