BOOK IV
PROPERTY
TITLE I
GENERAL PROVISIONS
Section 1298. Real rights may be created only by the virtue of this Code or other laws.
Section 1299. Subject to a provision of this Code or other laws, no acquisition by juristic act of immovable or of real right appertaining thereto is complete unless the juristic act is made in writing an the acquisition is registered by the competent official.
Where immovable property or real right appertaining thereto is acquired otherwise than by juristic act, the acquirer’s right cannot be dealt with through the register unless it has been registered, nor can it, without registration, be set against a third person who has, for value and in good faith, acquired it and registered his right.
Section 1300. Where a transfer of immovable property or real right appertaining thereto has been registered to the prejudice of a person who was previously in a position to have his right registered, he may claim cancellation of such registration, provided that in no case cancellation be claimed against a transferee for value in good faith.
Section 1301. The provisions of the two foregoing sections shall apply mutatis mutandis to modification, extinction and revival of real rights appertaining to immovable property.
Section 1302. The provisions of the three foregoing sections shall apply mutatis mutandis to ships or vessels of six tons and over, to steam-launches or motor-boats of five tons and over, to floating houses and to beasts of burden.
Section 1303. Where several persons claim to have acquired the same movable property under different titles, the person who is in possession of the property is preferred that he has acquired it for value and has obtained the possession in good faith.
This section does not apply to movable property specified in the foregoing section nor to lost property or property acquired through an offence.
Section 1304. The domaine public of State includes every kind of State property which is in use for public interest or reserved for the common benefit, such as:
| (1) |
waste land and land surrendered , abandoned or otherwise reverted to the State according to the land law;
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| (2) | property for the common use of the people e.g., foreshores, water-ways, highways, lakes; |
| (3) |
property for special use to the State e.g., a fortress or other military buildings, public offices, warships, arms and ammunition.
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Section 1305. Any property which forms part of the domaine public of State is in-alienable except by virtue of a special law or Royal Decree.
Section 1306. No prescription can be set up against the State with regard to any property which forms part of its domaine public.
Section 1307. No seizure of State property can be effected, whether such property forms part of its domaine public or not.