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Book 3 · Law of property  ›  Title 4 · Claims arising from ownership › Section 1007

Claims of the former possessor, exclusion in the case of knowledge

(1) A person who has had a movable thing in their possession may require the possessor to surrender the thing if the possessor was not in good faith when they acquired possession.

(2) If the thing was stolen from the former possessor or the former possessor lost it or their possession of it ended in another way, the former possessor may require surrender even from a possessor in good faith, unless the possessor in good faith is the owner of the thing or unless the possessor had lost possession of the thing before the time at which the former possessor had possession. This provision does not apply to money and bearer instruments.

(3) The claim is excluded if the former possessor was not in good faith on the acquisition of possession or if they have given up possession. In all other cases, the provisions of sections 986 to 1003 apply accordingly.

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