Libro Segundo · Título II Capítulo VIII. De la usucapión

All persons having capacity to acquire by any other title may acquire ownership by usucaption.

All things that are in the commerce of men are susceptible to prescription.

Those who have capacity to alienate may renounce completed prescription, but the right to prescribe is unwaivable.

Creditors, and any other person interested in asserting prescription, may invoke it notwithstanding the acquirer's waiver.

A person who possesses in the name of another may not acquire the thing possessed by prescription, unless the cause of possession has been legally changed.

The cause of possession is said to be legally changed when one who possessed in the name of another begins to possess legally in their own name; but, in this case, prescription does not run except from the day on which the cause has been changed.

If several persons possess a thing in common, none of them may prescribe against their co-owners or co-possessors, but may prescribe against a stranger and, in this case, the prescription benefits all the participants.

Whoever alleges prescription must prove the existence of the title on which he bases his right.

Prescription, once perfected, produces ownership of the thing acquired, and with the action arising from such ownership, it may be reclaimed from any possessor and used as an action or exception by the usucapient.

Except for special provisions, ownership of immovable property and other real rights therein is acquired by prescription upon the lapse of ten years. Movable property and animals, upon the lapse of two years.

The limitation period does not run:

1°.Against minors and incapacitated persons, during the time they are without a constituted legal representative. Representatives shall be liable for the damage and losses caused to their represented persons by the limitation period;

2°.Between parents and children, during parental authority;

3°.Between minors and incapacitated persons and their guardians, while the guardianship lasts;

4°.Between spouses; and

5°.Between co-owners, while the indivision lasts.

The limitation period is interrupted:

1.If the possessor is deprived of the possession of the thing, or of the enjoyment of the right for one year;

2.By notification of the claim or by any executed precautionary measure, unless the creditor discontinues the action brought, or the defendant is absolved of the claim, or the judicial act is declared void;

3.If the person in whose favor the limitation period runs expressly recognizes, orally or in writing, or tacitly by unquestionable facts, the right of the person against whom it runs.

The effect of interruption is to render ineffective, for the limitation period, all time elapsed before it.