What is Good Faith Possession?

What is good faith possession? I often hear about establishing ownership of an asset by possessing that asset in good faith and not in good faith, but I don't quite understand. Could you please help me understand what good faith possession and bad faith possession mean?

Good Faith Possession

Good faith refers to honesty, straightforwardness, and clear circumstances. As of now, according to the 2015 Civil Code, there is no specific definition of "good faith." However, the term "good faith" is used in the Civil Code.

According to Articles 180 and 181 of the 2015 Civil Code, the regulations are as follows:

- Good faith possession is possession that the possessor has grounds to believe that they have rights to the property being possessed.

- Bad faith possession is possession that the possessor knows or must know that they do not have rights to the property being possessed.

In addition, we would like to provide you with further information about public and non-public possession as follows:

- Continuous Possession

+ Continuous possession is possession conducted over a period without any dispute over the rights to the property, or if there is a dispute, it has not been resolved by a legally effective judgment or decision of the Court or another competent state authority, even if the property is handed over to another person.

+ Non-continuous possession is not considered as a basis for presuming the status and rights of the possessor as stipulated in Article 184 of this Code.

- Public Possession

+ Public possession is possession conducted in a transparent manner, without concealment; the property being possessed is used according to its features and purposes, and is preserved and maintained by the possessor as their own property.

+ Non-public possession is not considered as a basis for presuming the status and rights of the possessor as stipulated in Article 184 of this Code.

The above is the consultation content. We hope that the shared information will be helpful to you.

Sincerely and Best Wishes for Your Health!

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