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51 La. L. Rev. 523 (1990-1991)
Possession

handle is hein.journals/louilr51 and id is 545 raw text is: Possession A. N. Yiannopoulos* Articles 3421 to 3444 of the Louisiana Civil Code establish the substantive law governing possession.' These articles derive from the reservoir of the civilian tradition and have, generally, counterparts in modern civil codes. In the 1982 revision of the laws governing possession, the redactors relied heavily on the provisions of the Louisiana Civil Code of 1870 and on Louisiana jurisprudence and doctrine. The innovations in this field are few and relate mostly to terminology and style rather than substance.2 Perhaps the most important innovation is the possessory protection accorded to precarious possessors against any person who caused a disturbance of possession except the person for whom they possess.' This article is an effort at systematic analysis of the provisions of the Louisiana Civil Code governing possession in the light of pre- and post-revision jurisprudence and doctrine. Procedural institutions, includ- ing the possessory action, have been discussed elsewhere;4 reference to procedural institutions is only made here when necessary for a better understanding of the provisions of substantive law. For purposes of comparison, brief reference is made to the legal systems of France, Germany, and Greece. NOTION, NATURE, AND KINDS OF POSSESSION Definitions In Louisiana legislation, jurisprudence, and doctrine, the word pos- session is used in at least three different senses. In the first place, Copyright 1991, by LoUISI4NA LAW REVMW. Copyright 1991, by A. N. Yiannopoulos. The material for this article has been excerpted from a new Chapter of the author's forthcoming third edition of volume No. 2 in the Louisiana Civil Law Treatise series, Property, published by West Publishing Company, St. Paul, Minnesota. * W. R. Irby Professor of Law, Tulane University Law School. 1. See La. Civ. Code arts. 3421-3444. 2. See Symeonides, One Hundred Footnotes to the New Law of Possession and Acquisitive Prescription, 44 La. L. Rev. 69, 70 (1983). 3. See La. Civ. Code art. 3440. 4. See A. Yiannopoulos, Civil Law Property §§ 325-343 (3d ed. 1991).

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