Chapter XII
CONTENTS OF OWNERSHIP RIGHTS
Section 1. THE RIGHT TO POSSESSION
Article 182.- The right to possession
The right to possession is the right to keep and manage the property.
Article 183.- Possession with a legal basis
Possession with a legal basis is the possession of a property in the following cases:
1. The owner possesses the property;
2. A person is authorized by the owner to manage the property;
3. A person to whom the right to possession has been transferred through a civil transaction in accordance with the provisions of law;
4. A person who discovers and keeps derelict property, property with unidentified owners, property which has been let drop on the ground, left over out of inadvertence, buried or sunken in accordance with the conditions specified by law;
5. A person who discovers and keeps stray domestic animals, poultry or raised aquatic animals in accordance with the conditions specified by law;
6. Other cases specified by law.
Article 184.- Owner's right to possession
In cases where an owner possesses property under his/her ownership, he/she may conduct all acts on his/her own will to keep and manage the property, provided that such acts are not contrary to law or social ethics.
An owner's possession shall not be restricted or interrupted in terms of time, except in cases where he/she transfers the possession to another person or otherwise provided for by law.
Article 185.- The right to posse-ssion of a person who is authorized by the owner to manage the property
1. When an owner authorizes another person to manage his/her property, the authorized person shall exercise the right to possession of such property within the scope and in accordance with the method and time limit specified by the owner.
2. The person authorized to manage a property cannot become owner of the transferred property by virtue of the statute of limitations specified in Clause 1, Article 247 of this Code.
Article 186.- The right to posse-ssion of a person to whom a property is handed over through a civil transaction
1. When an owner hands over a property to another person through a civil transaction which does not include the transfer of ownership rights, the person to whom the property is handed over must possess such property according to the purpose and contents of the transaction.
2. The person to whom the property is handed over shall have the right to use such property and to transfer the right to possession and use of the property to another person if the owner so agrees.
3. The person to whom the property is handed over cannot become owner of the transferred property by virtue of the statute of limitations specified in Clause 1, Article 247 of this Code.
Article 187.- The right to possession of property which has been let drop on the ground, left over out of inadvertence, buried or sunken, and property the owners of which are unidentifiable
1. A person who discovers a property which has been let drop on the ground, left over out of inadvertence, buried or sunken must immediately notify or return it to the owner; if the owner is unknown, such person must notify or hand over the property to the People's Committee of the commune, ward or township or the nearest police station or another competent state agency in accordance with the provisions of law.
A person who discovers a property the owner of which cannot be identified, or a property which has been let drop on the ground, left over out of inadvertence, buried or sunken shall be entitled to possess such property from the time of discovery to the time the property is returned to its owner or handed over to a competent state agency.
2. With respect to a property which has been dispersed by another person in order to hide an act of violation of law or to evade the performance of a civil obligation, the person who discovers it must forthwith notify or hand over the property to a competent state agency defined in Clause 1 of this Article.
Article 188.- The right to possession of stray domestic animals, poultry, raised aquatic animals
Persons who discover and keep stray domestic animals, poultry or raised aquatic animals must immediately notify or return them to their owners; if the owners cannot be identified, they are entitled to possess such property from the time of discovery to the time of returning them to their owners.
Article 189.- Possession without legal bases but in good faith
A possession of property which does not comply with the provisions of Article 183 of this Code is a possession without a legal basis.
A person who possesses a property without a legal basis but in good faith means a possessor who does not know or could not have known that the possession of such property is without a legal basis.
Article 190.- Continuous possession
The possession of property which takes place within a period of time without dispute over such property means a continuous possession, even when this property is transferred to another person for possession.
Article 191.- Overt possession
A possession is regarded as overt when it is performed in an explicit manner, without concealment; the property being currently possessed is used in accordance with its functions and utility and is preserved and kept by the possessor as if it were his/her own property.
Section 2. THE RIGHT TO USE
Article 192.- The right to use
The right to use means the right to exploit the utility of, and to enjoy the yields and profits from, the property.
Article 193.- Owner's right to use
In cases where the owner directly exercises the right to use a property under his/her ownership, he/she may exploit the utility of, and enjoy the yields and profits from, the property in accordance with his/her will, but must not cause damage to, or affect State interests, public interests or legitimate rights and interests of other persons.
Article 194.- Non-owner's right to use
1. The right to use a property may be transferred to another person through a contract or in accordance with the provisions of law.
A non-owner of a property shall have the right to use the property in accordance with its functions, utility and mode.
2. A possessor without a legal basis but in good faith may also have the right to exploit the utility of, and enjoy the yields and profits from, the property in accordance with the provisions of law.
Section 3. THE RIGHT TO DISPOSITION
Article 195.- The right to disposition
The right to disposition means the right to transfer property ownership rights or to renounce such ownership rights.
Article 196.- Conditions for disposition
The disposition of property must be performed by persons having the civil act capacity in accordance with the provisions of law.
In cases where the order and procedures for disposition of property are specified by law, such order and procedures must be complied with.
Article 197.- Owner's right to disposition
Owners shall have the right to sell, exchange, donate, lend, bequeath, abandon or dispose of their property in other forms in accordance with the provisions of law.
Article 198.- Non-owner's right to disposition
Property non-owners shall only have the right to dispose of property under owners' authorization or under the provisions of law.
Persons who are authorized by owners to dispose of the latter's property must effect the disposition in accordance with the will and interests of the owners.
Article 199.- Restrictions on the right to disposition
1. The right to disposition shall be restricted only in cases where it is so provided for by law.
2. When the property put up for sale is a historical or cultural relic, the State shall have the pre-emptive right to purchase such property.
In cases where legal persons, individuals or other subjects have the pre-emptive right to purchase with respect to a certain property in accordance with the provisions of law, the owners, when selling the property, must reserve such right for those subjects.
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