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Book 3 · Law of property  ›  Title 4 · Claims arising from ownership › Section 986

Objections of the possessor

(1) The possessor may refuse to surrender the thing if the possessor or the indirect possessor from whom the possessor derives the right of possession is entitled to possession in relation to the owner. If the indirect possessor is not authorised in relation to the owner to make possession available to the possessor, then the owner may require the possessor to surrender the thing to the indirect possessor or, if the indirect possessor cannot or does not wish to take possession again, to the owner themselves.

(2) The possessor of a thing that has been alienated under section 931 by assignment of the claim to surrender may raise against the new owner the objections that they are entitled to use against the claim assigned.

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