What is bona fide possession? How does it differ from mala fide possesion?

In this article, let’s find out what is bona fide possession and distinguish between bona fide vs mala fide possession with PL & Partners Law Firm

In the Civil Code 2015, there are two terms bona fide possession (possession in good faith) and mala fide possession (possession in bad faith). In fact, in many cases, it is not easy to distinguish between good faith and bad faith.

So how can we distinguish which cases are considered to be bona fide possession and which are mala fide possession? Please find out with PL & Partners through the following article.

What is bona fide possession? How to distinguish bona fide and mala fide possession?

1. WHAT IS BONA FIDE POSSESSION?

Previously, pursuant to Article 189 of the Civil Code 2005 (which has expired), bona fide possession was defined as follows:

Currently, pursuant to Article 180 of the Civil Code 2015, it is defined as:

Thus, compared with the old provisions in the Civil Code 2005, the Civil Code 2015 has a more specific definition of bona fide possession. You only need grounds to believe that you have the right to the property being possessed to be considered as a possessor in good faith.

For example:

Mr. A owed Mr. B and was sued in court. Mr. A’s land was used to pay Mr. B.

After that, Mr. A’s land was sold and transferred to Ms. C in accordance with regulations on judgment enforcement.

So Ms.C is the bona fide possessor. The ground for her bona fide possession is the certificate of land use right which has her name on it.

Contrary to bona fide possession is mala fide possession defined in Article 181 of the Civil Code 2015: “Mala fide possession is possession that the possessor knows or ought to know that he or she has no right to the property being possessed.”

2. DISTINGUISH BETWEEN BONA FIDE AND MALA FIDE POSSESSION.

Determining whether the possession is in good faith or not is important in:

• Establishing the ownership to the property being possessed;
• Protecting the bona fide possessor on possessing the property;
• Protecting the legitimate rights and interests of the real owner of the property.

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Thus, PL & Partners Law Firm has shared with you about bona fide, mala fide possession and how to distinguish between the two.

Hope the above information will be useful to you.

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