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Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅲ Rights In Rem
Chapter 2 Ownership
Section 1 - General Provisions
Article 765
The owner of a thing has the right, within the limits of the Acts and regulations, to use it, to profit from it, and to dispose of it freely, and to exclude the interference from others.
Article 766
Unless otherwise provided by the Act, the component parts of a thing and the natural profits thereof, belong, even after their separation from the thing, to the owner of the thing.
Article 767
The owner of a thing has the right to demand its return from anyone, who possesses it without authority or who seizes it. Where his ownership is interfered, he is entitled to claim the removal of the interference; and where the ownership might be interfered, he is entitled to claim the prevention of such interference.
The provision of the preceding paragraph shall apply mutatis mutandis to the rights in rem other than ownership.
Article 768
A person, who has peacefully, publicly and continually possessed another’s personal property with the intent of being an owner for ten years, acquires the ownership of such personal property.
Article 768-1
A person, who has peacefully, publicly and continually possessed another’s personal property with the intent of being an owner for five years, and was in good faith and not of negligence at the beginning of his possession, acquires the ownership of such personal property.
Article 769
A person, who has peacefully, publicly and continually possessed another’s real property which is not recorded for twenty years with the intent of being an owner, is entitled to claim to be recorded as the owner of the said real property.
Article 770
A person, who has peacefully, publicly and continually possessed another’s unrecorded real property with the intent of being an owner for ten years, and was acting in good faith and not negligently at the beginning of his possession, is entitled to claim to be recorded as the owner of the said real property.
Article 771
The prescription to acquire ownership is interrupted, if any of the following occurs to the possessor:
(1) The possessor has changed his intent of possession to that other than the intent of being an owner,
(2) The possession is changed to be not peaceful or public,
(3) The possessor himself stops possessing, or
(4) The possessor has unintentionally lost possession, unless possession is recovered in accordance with article 949 or article 962.
The prescription to acquire the ownership is interrupted if the possessor has been sued to return the property in accordance with the article 767.
Article 772
The provisions of the preceding five articles shall apply mutatis mutandis to the acquisition of rights over property other than ownership, and to the recorded real property as well.