Page:The Civil code of Japan (IA cu31924069576704).pdf/73

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An action for the recovery of possession must be brought within one year from the time of dispossession.

202.

A possessory action and a petitory action[1] do not exclude each other.

A possessory action cannot be decided upon grounds relating to the right itself.

Section III.
Extinction of a Possessory Right.

203.

A possessory right is extinguished, if the possessor abandons the intention to possess, or if he loses the detention[2] of the thing, unless he brings an action for the recovery of possession.

204.

If the possession is held through a representative, the possessory right is extinguished:—

  1. If the principal abandons the intention to have the representative hold possession;
  1. ↑ Petitory action, honken no uttae 本懽ノ訴, is any action founded upon the right itself, e. g. upon the right of ownership or superficies etc. Possessory action, senyū no uttae 占有ノ訴, means an action based on the mere fact of possession.
  2. ↑ Detention means any physical hoding of a thing.
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