4.1.216 to 4.1.221

When, however, it has reference to movable property, he orders that party to have the preference who, for the greater part of that year, has held possession against his adversary neither by force, nor clandestinely, or with his acquiescence; and this is sufficiently apparent from the terms of the interdicts themselves. (151) But, in the interdict Utrubi ,not only is the possession of every one a benefit to him, but that of another party which may be properly treated as accessory to it; for instance, that of a deceased person whose heir he is, and that of anyone from whom he has purchased property, or acquired it by means of a donation or a dowry. Hence, if the lawful possession of another party is added to our own, and it exceeds the possession of our adversary, we will be successful in the proceeding under that interdict. The accession of time is not granted, and cannot be granted to one who has no possession of his own, for whatever does not exist can have nothing added to it. If, however, a party should have defective possession, that is to say, if it had been acquired from his adversary either by violence, or clandestinely, or by mere acquiescence, no accession is granted, for his own possession is of no advantage to him. (152) Moreover, the year is reckoned backward, and hence, for example, if you had possession eight months before I did, and I had it during the seven following months, I will be entitled to the preference, because your possession for the first three months would be of no advantage to you under this interdict, as the possession was in another year, (153) We consider a party to be in possession not only where we ourselves possess, but also where anyone is in possession in our name, although he may not be subject to our authority; as, for instance, a tenant or a lessee. We are also considered to have possession by means of those with whom we have deposited property, or lent it for use, or to whom we have granted gratuitous lodging, or the usufruct or use; and this is what is commonly called the power of retaining possession of property by anyone who possesses it in our name.