Possession in Latvian Civil Law

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Questions and Answers

Which of the following statements regarding possession in Latvian law is true?

Possessory claims can only be made for immovable property.

Bad faith possession is not protected.

Good faith possession is irrelevant for protection of possession. (correct)

Only legal possession is protected.

Which of the following is a requirement for a possessor under the Latvian (Roman) System of Protection of Possession?

Possession must be under good faith

Control of the thing (correct)

Witnesses to prove possession

Ownership of the thing

A person can claim possession of an item even if they obtained it illegally.

True

What special defense can B use if A tries to claim possession of a car that A stole from B?

B can prove that A established illegal possession by robbing him. Signup and view all the answers

According to Latvian law, a thief is not considered a possessor.

False Signup and view all the answers

An _____ possessor has control and intends to hold goods for himself or the owner-possessor.

owner-possessor Signup and view all the answers

What distinguishes legal possession from illegal possession in Latvian law?

Legal possession is obtained with the owner's knowledge, while illegal possession is taken by force or without the owner's knowledge. Signup and view all the answers

In the Latvian (Roman) System, possession can be obtained through long-term _______.

possession Signup and view all the answers

Match the following terms with their definitions:

Good faith possession = Possession without knowledge of any dispute Bad faith possession = Possession with knowledge of dispute Legal possession = Possession obtained lawfully Illegal possession = Possession obtained unlawfully Signup and view all the answers

Match the following terms with their correct descriptions:

Good faith = Knowing that someone has better rights over a thing Adverse possession = Obtaining ownership after long-term possession Possessor = Controls a thing and intends to hold it for herself/himself Holder = A tenant or user of a thing belonging to another Signup and view all the answers

What is the time limit for a claimant to recover possession against a defendant who unlawfully took possession of a movable?

1 year Signup and view all the answers

A claimant can recover possession from any person after the 1-year period if they can prove that their possession is better.

True Signup and view all the answers

What must a claimant prove to establish a special defense under Art.VIII.– 6:203?

That they had possession, the defendant unlawfully deprived them of it, and the defendant still controls the item. Signup and view all the answers

Under LCL Arts. 998-1031, a movable cannot be acquired through _______.

a crime Signup and view all the answers

Match the concepts with their definitions:

Acquisitive Prescription = The ability to acquire ownership through possession after a certain period. Better Possession = A defense that allows a claimant to recover possession after a 1-year period based on superior claim. Uninterrupted Possession = Continuous holding of a property without legal interruption. Legal Basis for Possession = Possession must be founded on a legitimate claim or right. Signup and view all the answers

Which of the following is NOT a requirement for acquisitive prescription of movables under LCL Arts. 998-1031?

Object must be immovable Signup and view all the answers

A claimant can recover from B after B sells the movable to C despite A having valid possession.

False Signup and view all the answers

According to the principles, what happens if a movable is stolen?

It cannot be acquired by acquisitive prescription until it is returned to the original owner. Signup and view all the answers

Study Notes

### Possession in Latvian Civil Law

Possession is an element of adverse possession, meaning that ownership can be acquired through long-term possession.
Possession is protected in its own right, regardless of ownership.
The Latvian (Roman) system of protection of possession defines a possessor as someone who has control of a thing and the intention to hold it for themselves.
Legal possession is acquiring an item through lawful means, while illegal possession is acquired through force or without the owner's knowledge.
Good faith possession means the possessor is unaware that someone else has better rights to the thing, while bad faith possession means the possessor knows of another's superior claim.
A thief, buyer from a non-owner, and even the owner are considered possessors.
Tenants and users of things belonging to another are considered holders, not possessors.
Although a holder might have no claim to ownership, they can still seek protection against interference with their possession.
Good or bad faith possession is irrelevant for the protection of possession.
Bad faith possession still receives legal protection, but it is relevant for acquisitive prescription.
Legal or illegal possession primarily matters in cases where the owner reclaims an item after it was stolen.
In a case where A (the owner) reclaims their stolen car from B (the thief), and B proves A obtained the car illegally, B is protected by LCL Arts. 917/922. However, if B can only prove A obtained the car illegally from C (a third party), B is not protected by LCL Arts. 917/922.

### Protection of Possession in the DCFR

The DCFR (Draft Common Frame of Reference) offers provisions for the protection of possession, particularly for movable items.
The DCFR distinguishes between 'owner-possessors' and 'limited rights possessors.' Owner-possessors have control of the item believing themselves to be the owner, while limited rights possessors have control based on a legal relationship that grants them possession and intention to hold the item for themselves or the owner-possessor.
Limited rights possessors (e.g., lessees, borrowers, or those storing items) can claim protection against unlawful deprivation of possession within one year. They must prove they had possession, were unlawfully deprived of it, and the defendant still controls the item.
Defendants have a special defense under Art. VIII-6:203(3).
Protection of "better possession" can be claimed after one year against anyone physically controlling the item. In this case, the claimant needs to prove their possession is superior to that of the defendant.
The DCFR distinguishes itself from the Latvian system by allowing for the protection of "better possession."
Under the DCFR, a claimant cannot recover possession from a third party who purchased an illegally obtained item, unlike the Latvian system where recovery may be possible under certain circumstances.

### Acquisitive Prescription (Adverse Possession) in Latvia

To acquire ownership through acquisitive prescription (adverse possession), the possession of movable items must not be obtained through crime. This includes instances where the item was stolen by the current possessor or a third party.
For movable items, acquisitive prescription is only possible if the item is returned to the person from whom it was stolen.
For adverse possession to be successful, possession must be uninterrupted. This means that someone holding an item (not possessing it) cannot benefit from adverse possession.
Adverse possession requires a legal basis (with a defect).

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Description

Explore the intricacies of possession within Latvian civil law through this quiz. Understand the distinctions between legal and illegal possession, and familiarize yourself with terms such as good faith and bad faith possession. Test your knowledge of how possession can affect ownership rights.