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Explanation of Article 653

Explanation of Article 653

The article determined that appropriation, which is taking possession of a movable property that has no owner with the intention of owning it, is a reason for acquiring ownership; thus, whoever finds a movable property without an owner and takes possession of it with the intention of owning it, acquires it. This includes permissible animals and fish that have not yet been owned, minerals extracted from the earth that are not owned by anyone, and treasures of the earth that have no owner. As for real estate, it cannot be owned by appropriation; rather, it belongs to the state.

Article 653

If a landowner while building a construction on his land trespasses, in good faith, on part of an adjacent land, the court may, at its discretion, compel the landowner to relinquish to his neighbor ownership of the part occupied by the construction against a fair compensation.