VIII. — 6:204 Entitlement to protection order to protect mere possession

Where another person unlawfully interferes with the possession of goods or such interference or an unlawful dispossession is imminent, the owner-possessor or the limited-right-possessor is, within the period of one year, entitled to a protection order under VIII. — 6:101 (Protection of ownership) paragraph (3), irrespective of who has the right or better position in terms of VIII. — 6:101 (Entitlement to recover in case of better possession) to possess, use or otherwise deal with the goods. The period of one year starts to run from the time when the interference began or, in cases of repeated interferences, from the time when the last interference began.

The protection order may also be directed against an indirect owner-possessor who unlawfully interferes with the possession of a limited-right-possessor in violation of the specific legal relationship between them. This rule applies equally to an indirect limited-right-possessor who unlawfully interferes with the possession of a subsidiary limited-right-possessor in violation of the specific legal relationship between them.

Where the other person in the sense of paragraph (1) invokes an alleged right or better position to possess, use or otherwise deal with the goods as a defence or counter-claim, the court order may be suspended until, or replaced by, a decision on the existence of such alleged right or better position.