VIII. — 6:203 Entitlement to recover as protection of mere possession

Where another person unlawfully deprives an owner-possessor or a limited-right-possessor of possession, the possessor is, within the period of one year, entitled to recover the goods, irrespective of who has the right or better position in terms of VIII. — 6:301 (Entitlement to recover in case of better possession) to possess the goods. The period of one year starts to run at the time of dispossession.

The right to recover may also be directed against an indirect owner-possessor who unlawfully deprives the limited-right-possessor of possession in violation of the specific legal relationship between them. This rule applies equally to an indirect limited-right-possessor who unlawfully deprives the other limited-right-possessor of possession.

The right to recover is excluded if the person seeking to exercise it unlawfully deprived the other person of possession within the last year.

Where the other person in the sense of paragraph (1) invokes an alleged right or better position in terms of VIII. — 6:301 (Entitlement to recover in case of better possession) to possess the goods as a defence or counter-claim, the obligation to return the goods according to paragraph (1) may be replaced by an obligation to hand the goods over to the court or other competent public authority, or to a third person pursuant to an order of the competent authority.