Law 2101 Study Guide - Quiz Guide: Interlocutory Injunction, Damages, Trover
Document Summary
French doctrine distinguishes between three types of possessory actions: complainte, denonciation de nouvel ouvre and action en reintegration: complainte: Available in case of actual disturbance or dispossession by a non-violent act. May claim for abatement of the interference and the preservation of the previous status of possession: denonciation de nouvel ouvre: Can be claimed against imminent future interference caused by construction works. Only allows claiming the cessation of the works: action en reintegration: Covers the loss of actual control by a violent act of the dispossessor. Recovery of possession and restoration to the og condition. Possessory protection is irrespective of an underlying entitlement to the property. Only possession or detention which is free of defaults is protected. The actions for interference (3 abovementioned) require that the possession or detention is continuous and unequivocal and that the possessor or detentor didn"t acquire it violently. Between the co-owners of the same building, a possessory action is not possible (case law)
