Explanation of Article 675
The article addresses the concept of good faith in possession and how this attribute can be lost. The first paragraph clarifies the meaning of a possessor in good faith, stating that two conditions must be met:
The first condition: The possessor must be unaware that they are infringing on someone else's rights. This is a subjective criterion, such as when someone acquires ownership rights through sale, gift, inheritance, or other means, believing they have received it from a rightful owner; similarly, if a person is unaware that their use of another real right infringes on someone else's rights.
The second condition: The possessor's ignorance of infringing on someone else's rights must not stem from gross negligence. This is an objective criterion; if the possessor could have known the truth by exercising minimal diligence required by the circumstances, but neglected to do so in a manner considered gross negligence, they lose the attribute of good faith, even if they were unaware of the situation. Gross negligence is equated with bad faith because bad faith is a hidden matter that is difficult to prove; thus, gross negligence is considered evidence of it. For example, buying an expensive watch at a low price from a non-specialized vendor in luxury watches.
The end of the first paragraph states that the possessor's good faith is presumed, and anyone claiming bad faith must prove it, in accordance with the general rule: "The default in incidental attributes is non-existence."
The second paragraph explains that the attribute of good faith is lost by the possessor in two cases:
The first case is from the moment the possessor becomes aware of the defects in their possession title, meaning they have actual knowledge, not presumed, that their possession infringes on someone else's rights. They are considered in bad faith from the time of this knowledge. For instance, if they acquired ownership through a means such as a sale contract, gift, will, or preemption, and then discover a defect in the title by which they acquired this right, such as discovering the contract is void or that they received it from a non-owner, they lose the attribute of good faith from the time they become aware of this.
The second case is from the moment the possessor is informed in the lawsuit about the defects in their possession; they are considered in bad faith even if they believe their possession is valid and that the plaintiff's claim is unfounded.
Related To
Article 675
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A person who unknowingly infringes on a third party’s rights shall be deemed a bona fide possessor, unless ignorance arises from gross negligence. Said possessor shall be deemed to be acting in good faith, unless proven otherwise.
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A possessor shall no longer be deemed a bona fide possessor if he becomes aware of the defects of his certificate of possession or is notified of such defects in the statement of claim.