Property Law

LAO PEOPLE'S DEMOCRATIC REPUBLIC PEACE DiDEPE:\DENCE l'\'ITY SOCIAL I S~t PROPERTY L..!-\..W (2i JUNE, 1990) Translation by VI::~rL\~;E I?\TER;\ATION.U CONSl:LT.\:,1'5 PROPERTY LA W CHAPTER I GENERAL PROVISIONS Article 1: Property Property designates the total and definite right of the state, collectivities, itidividuels and privates cver a gi1.r en asset in terms of holding', use, usufruct and decision within the limits provided bX the laws, .4.rticle 2: Types of property There are fire types of property: : State propertv Collective propert.y Lndividusl property Private p ropertiy Personal property: Collective property: is classified as belonging to cooperatives and other collective organizations, The state protects such property b.,- 18011:, CHAPTER II STATE PROPERTY .4.1·ticle 3: Owner of state propert;y The state is the sole ownez of all state properties; 1 however these assets are under the control of state orgenieations: State organizations exercise the rigiit: of control, use and usut'ruct: and decision, may lease them to collective argeriizatins or individuals .3.S provided by the lews and in accordance with their jurisdiction and the state plans. A.rticle ~ : State owned properties State properties include two categories Material end technical basis of the society under state control, such as factories, land, water end ail transport vehicles, transmission facilities, postal services, banks, enterprises arid others owned by the state; Assets used in the operations led by: the state apparatue such as buildings, vehicles, tables, chairs and others. Land, ~v"ater, forests, water and land animals which are natural resources belonging to the national community represented by: the state, the state may grant the right: of control, use, transfer and inheritance to other organizations, economic unit:s and individuals. Other organizations, economic units or individuals may transfer or take o'l.'-er a land but do not heve the right to undertake commercial transactions. A.rticle 5: Acquisition into state property State property derives {rom : .Vationalization; The establishment of state organizations and 2 enterprises; State tax: levy; Purchase of assets out of obligetioti: Confiscation of assets; Acquisition of uno..'ned assets; Collection of lost items; Discovery of valuable materials; Acquisition of unattended animals; Purchase and exchange; Donation of assets to the state; Inheritance. Article 6: Definite regulations on the state's fixed assets Regulations pertaining to the grant of state enterprises, buildings, constructions, materials and others which are fixed assets of a state institution to another state institution are provided in specific laws. The above-mentioned assets may not be handed ever as the propert.1' of an iridividuel except for certain assets ...'bich are sold according to the outlined regulations. A.!·ticle '7: Definite regulations on working assets and products State institutions be ....re the sole right of decision over raw material, materials, mone,r and working assets and processed produces in accorda.nce with their utilitiy and outlined plans. No individual ..."ill have the right to make use of state assets for his personal interest. 3 A.rticle 8 Regulations on the confiscation of state assets Enterprises, buildings, constructions, materials and other assets wbicli are fi:.;.ed asset.s of sta.te institutions maJ- not be used ,:lS g.J.z·::.ntee srid ma.y not be seized nor confiscated on claims tormulated by a creditor, except for financial rneans arid other assets provided by the laws. State properties in foreign countries are to be handled similarly as tor state properties in the country. Claims for state assets from illegal holders may take place at: ariy: time withou t time limit tor such civil claims. CHAPTER III COLLECTIVE PROPERTY .-lrticle 9 Property of cooperatives and other collective institutions Properties of cooperatives and other collective institutions include production means erid other riecessery assets for the implementation of their work, such 3.S mecbinerv, transport means, tractors, bulldozers, animals, buildings, construction items, enterprises, living quarters, Eixed capital, working capital and others. Article 10 Terms of property of cooperatives or other collective institutions Cooperativ-es or collective orgariizatioris bear the right of possession, use, usuiruct: and decision over assets belonging to them 3.S prov-ided by the laws arid exercise sucli rigiics according to their statutes. The right of decision ovez- assets is given to the cooperatives or other collective organizations for its autonomous application and no iridividuel ma;:t- bring decision over' such assets. .4.rticle 11 . Acquisition of properties of cooperatives or other collective organizations Cooperatives or other collective organizations obtain their properties from : Material contributions trom each member; Production and services Purchase and exchange; Material and financial support from the state, other organizations and individuels and others.' .~rtic1e 12: Use of land under the right' of cooperatives or other collective organizations Cooperetives or other collective organizations must make correct use of the land under their control, otherwise theJ' will be fined according to the reguletioris on the management and use of agricultural land or the state tnev: take back the land and grant it to other economic units or individuals witbout: sri): liebilits: for compensation. .4.rtic1e 13: Regulations on the confiscation of assets belonging to cooperatives and other collective organizations Buildings, constructions, bulldozers, tractors, transport means and other assets considered as fixed assets of cooperatives or other collective organizations may not be confiscated except for financial means and other assets as provided by the laws. CHAPTER IV INDIVIDUAL, PRIV.4TE .4ND PERSON.4L PROPERTY ,~:-ticle 14: Individual properties :::.diddual property comprise production means, products .uid merchandises belonging to small owners : farmers, ·:-3.ftsmen, menurecturers and others. A:-t:icle 15 Rights and obligations properties/owners of individual ·:~·r:.el·s of iadividuel properties iia ....e tile right to t'reels: .:::.dert:;,ke the production, ser..rices arid sale of their ;:'~ducts according to the lsws. .':..tiers of individual properties will have to abide by: the :3~"S, r:conomic srid other policies set out by the state, ;.::,: remit: taxes to the state in totality. ..!...:-':icle 16: Private properties ?:-:,'ate propert;-" include production means, products, zercbsndises and capital in the conduct of business ;,:::fdties led bs: economic units belonging to the ownerts) :: the enterprise as contribution to the national :;'e'·-elopment and improvement: of the people's living' ~:'1ditions. :-.~ese economic units administer and decide on the :::!!7mercial production, assume the responsibility over tr.eir Q~~'n income, expenses, profit or losses. 6 A.rtic1e 1'i: Rights and obligations of private economic units Private economic units have the right to undertake production, business, construction, transport, commerce, services and various contracts, to use currencies for the import of ra"- materiel, materials and others, to sell their products on a free basis according; to the !.glo'S, to ente.r business cooperation ..rithin the countirv: or abroad, These economic units must lead commercial production as provided b.'- their enterprise licenses, end, in addition, strictly comply: to the le ..'s, the economic and other policies set b.'- the state, remit their tax obligations to the state in totelits: and keep sccourit.s according to the lsws on sccounzanc.r. A.rticle 18 :Recognition of private economic units' autonomy Privete economic units bear the status of juridical person. The state recognizes the right of properts: orer different assets belonging to private economic unit-so No individual will transgress the rights of these economic units. Article 19: Measures taken against private economic units In case privete economic units indulge in production 3.J10 business activities outside the objectives set out in their statutes or transgress regulstioris, such as not 3.ppi.dng the law on accountancy, not peying cberges in due time, forging; or renting or lending their enterprise licenses to other individuals, the owner]s) of such economic units 7 will be submitted to measures provided in the regulations on the registration of private enterprises. A.rticle 20: Personal properties Personal prapertiy include consumer goods, items for personal use, facilities, houses, furniture, raised animals an d other incomes. Article 21: Terms of personal property The ownez- has the rigat: of administration, use, usufruct and decision 0';"&1' his eseetis and income as needed, but ma.J- not make use of his eeset:s to alter the lega.l interest af the stsi:e, collectivities end other iadiviciuels. Article 22: Reteinment: of unused land ~n.r individual retaining idle land without clesrstice or any: form of production wBI be imposed a penelts: according to the reguletioris of the management srid use of agricuitur:jl lend, or the state max transfer such land to other individuals without any liability tor compensation. A.rticle 23: Confiscation and seizure of individual, private and personal assets Individual, private and personal assets mes: be confisca.ted or seized, except for food, garments, consumer goods, animals which are necessary for the survival of the debtor and his dependents an d other assets enlisted by the penal code. A.rticle 2.+ Personal properties belonging to members of 8 coope retiive s organizations and other collec t ive Personal properties of cooperative members or of other collective organizations include personal income generated bJ- their work and assets gained or received through inheritance or grants, which do not belong to the cooperatives or other collective orgenizetioris. .4.ssets belonging speciiicelly to cooperatives or other collective organizations according to set regulations tnev: not become personal properties belonging to members of cooperatives or other collective organizations. A.rtide 25: Collective property' A.n asset mes: become collective property bet...·een stete or collective organizations, bet ..teen stare or collective oregenizetioris and individuels, and between individuals, such as enterprises, buildings.. houses, fences, yards. The owners of a collective property have the right to common]..v administer end make Lise of the asset, to benefit and decide ovez- it on the basis of general agreement; each person is jointl.r responsible for tax remittance, preservation, maintenance, liabilities and other expenses. Evers: o..-ner of collective properties has the right to request the division of his share from the collective property on the basis of general agreement. If the asset under collective property mey not be divided, compensation ma..- be giren according to the value of the share. Article 26: Conjugal property Conjugal property are the assets gained bJ- a married couple during their married life, except for personal items 9 of low v-alue. Husband end wiie have property notwitlisteadiag asset. equal rights over con jugal who ectuelly acquired the Assets belonging to the husband or the wzre prior to their marriage or recei"Fed through inheritance or granted specitically: to the husband or the wite during their married life will not be considered as conjugal propertr, Assets for personal use, such as clothing and other items for specific use, though acquired during their married life, will not be considered .3.S conjugal property, except for v-aluable assets, such 3S precious stones, gold, arid other valuable jewelry, Article 27: Share of conjugal property Conjugal property will be shared ulteriorly to divorce. In the instance whereby the couple is separated, or either husband or wiie has made inappropriate use of conjugal propertiy, or shows dishonestiy: tow-ards the conjugal property', the share of corijugel propertiy may take place before the div-orce. Husband end wire will receive equal shares from conjugal property in general cases. In case the husband or the wife is responsible for altering the marital relations or the conjugal property, the responsible side will receive only: one third of the conjugal property. If the children are still minors, the part;y- assuming their charge ma;y- receive a larger share as decided by the court. 10 CHAPTER t' ACQUISITION AND TERMINATION OF PROPERTY .4.rticle 28: Acquisition of a property The acquisition of a property takes place as the asset is granted or received in contormitiy witb the le ...rs. Properties maJ" be acquired according to contracts concluded before the act of granting or receiving the mentioned asset. If the contract on the grant of assets to other iridividuels or such assets are still to be registered, property will commence as registration is completed, though the act of granting has already been done. A.rticle 29: Handing over assets Handing over an asset is to give a11 asset to an organization or iridividuel designated as the benet'iciery, The grant of assets through a carrier or the postal sen-ices so as to forward to the beneficiary and the handing' cve.r of transport documentation or peckeges will be considered as the act of granting the assets to the beneticisry: Article 30: Legal possession Legal possession is the possession of assets bs: an itidividuel according to set regulations and principles. Fixed assets whicii must be registered will be administered b.v the license bearer or b.t- the empowered person b....- the latter, 11 Article 31: Possession of materials according to special authorizations Certain tFpes ot materials, such /3.S weapons, poisonous sgerits, precious metals may only be possessed by an in dis..riduel if specifically authorized by the competent authorities. .-l.rticle 32: Regulations on the grant of antiques and objects of fine arts to other individuals Antiques and objects of fine arts may only be sold or handed over to other individuels when authorized by the authorities in charge of the preservetion of antiques. The state is gi'ven the prior right to purchase antiques before other individuals. The sale or grant of such antiques to other individuals coritrary to the above paragraph will be considered as non velid and will beve to abide by the regulations pertaining to non-valid contracts. A.rticle 33: Loss or damage occured by accident or uncontrollable reasons to assets as they are handed over Loss or damage occured to assets by accident or uncontrollable reasons as they are handed Oirer is a. happening taking place at the moment of handing ov-er the asset wbicb was not caused by the fault of the cotisignor, the carrier or the beneticiery: In case of loss or damage incurred to the asset by accident or uncontrollable reasons, the owner of the assets at: that: time will a.ssume the respoasibilitiy over the damages unless otherwise provided in the contract. If the consignor, the carrier or the beneficiary deley:s the grsrit, transport or receipt, the relevant person will be 12 responsible for the loss 01' damage incurred by accident. or uncontrollable reasons. Article 34: Property: over gains and income Gains and income generated from an asset will belong to the owner of such asset unless otherwise pro..vided b.r the lews or the contract. A.rticle 35: Property: over inheritance Inheritance received by heirs according' to the law OZ" by: will be recognized as their property wlieri taken over. In case there is no heir, the legacy will become the property of the state, except if such legacy belonged to believers as provided in Article 23 of the inheritance le i~·• .:'..rticle 36: Assets without owner-s Unowned assets are assets wiiose ownez- has with drewr: his right of possession or hare forfeited such right. due to the expiration of the court case OZ" in the instance the identiity of the Oh'ner is not determined. Financial authorities have the sole right to suggest: the court to decide upon the state ownership ovez- unowned properties. If the asset belongs to a cooperative member who has witb drewn or lost his rights, it will become the property of the cooperative where the asset is located. A.rticle 3 i': Measures applied towards unowned properties .4ssets recognized as being unowned will be entered in the state's inventory of assets. 13 .4fter such assets have been taken over by the state, the owner still has the right to lodge a court appeal to regain it or request compensation for damages in case the appeal as mentioned in Article 35 of the contract lew has not J-et expired. .-i.rticIe 38: Collection of lost items Persons finding lost items no matter where hav-e the obligation to inform a.nd return them immediately to the persons t ..tho hare lost such items if their identity is known, or declare such discoveries and hand them o ver to police authorities or administrative committees to keep or to the board ot directors of relevant: enterprises or offices in case such lost objects are discovered or collected in the mentioned enterprises or offices. In certain cases, lost items may become the p roperty of the finders or ot the state without an}' compensation if the...- are not claimed by their owners witbin 3 period of six months irom the day the..:,' are declared. Article 39 Compensation of expenses to finders of lost items Persons finding and returning lost objects have the right to receive compensation for expenses incurred in their preservation and return to their owners. In case the lost items are handed over state propertiy, the relevant state institution is co remit the compensation. Finders of lost items have the right to request a reward not exceeding fifteen per cent of the value of the lost items from their owners or individuels entitled to receive the lost items. In case finders of lost items do not declare immediately their discovery; reward will not be remitted. A.rticle 40: Unattended animals Persons getting hold of unattended 01" strayed eriituels must inform immediatel..- and return them to their owner-s, or inform village police authorities or edmiriist.retive committees within three deys of their capture. If unclaimed bs: their owner-s, the animals will be given to the finders to care, feed and use. In case the owner-s of the animals are identified ......itbin si:.... months from the declaration, the animals will be returned to them but the latter will beve to compensate for the expenses incurred in tending and feeding the animals and present rewerds as provided for in Article 39 hereebove. In the instance persons getting hold of animals is facing difficulties in attending or feeding them, or if an epidemic starts, keepers tney: sell them after informing and being authorized by village authorities or edministretive committees, but must preserve the sum of mone,i generated in the sale of such animals for their owner-s. In case the owne!'s tnev not be found within a period of six months, theJ- will loose their right of p roperty Ol·-er the anitusls. Article 41: Discovery of valuable objects or antiques Velueble objects designate gold, silv-er or valuable metals and minerals hidden or buried in the earth or in any particular method and when the identity of owner-s may not be known or their owner-s beve lost their rights of propert.y: o ve.r such valuable objects or are not in a position to claim ownership. In such cases, valuable objects Itrill become state propertiy and finders must remit t~m to financial authorities. Persons finding and returning velueble objects 01' 15 antiques are entitled to receive rewards or premiums of fifteen per cent of their velue, except if it is their direct dutiy' to conduct searches. A.rtic!e 42: Acquisition of property through possession of others' property with well intention A.ny person administering' other individuels ' asset with well intention as their own for a continuous period of twentr years in case of fixed assets and for ,:1 continuous period of fiv-e years in case of mov-able assets will gain the right of ownership ovez such asset. Such administration with well intention is reflected in its openness, contiriuity: arid stability. Beyond this period of time, the original owners will have no right to make claims ovez- such property. [f the concerned person administers the asset within a period not reaching the time limit mentioned in the first p.3.ragraph, but hands them over to the administration of other individuals wic]: well intention, the period of time required to gain the right: of ownership will start: from the day: they .3.re handed ever' by the first individuel. Beyond such period, the new holder will gain the property: Sta.te or collective assets will not become the propert;y of t..rell intentioned holders in sriy: case although the period mentioned in the first paragraph has been completed. A.rticle -43: Purchase of assets out: of necessity The purchase of assets in case of necessity occurs when the state appropriates the assets from their owner for the interest of the state or of the society in which the state will pa;,.- compensation to the owner of the asset. This act of purchase by the state in case of necessity can 16 only be a.pplied in neceesitv: or urgeti: cases, such as those related to development; natural celemitv, epidemics and others, Compensation for the asset purchased b.r the state due to neceesits: shell be carried out within an appropriate time as the circumstances might a1101'", In the instance ...rhere the act of purchasing assets out of necessitv is questionable, the cwne.r has the right co lodge an appeal to the eutboricy superior to the institution which has sent its o?-gent to purchase the asset and, in addition .. is entitled to demand the reinstatement of his asset and compensation Ioi: the damage incurred, A.:-ticle 44: Confiscation of assets Confiscation designates the act undertaken bT the state in ecquiririg the assets in totelitv or in part without eriy: indemnity of an individuel infringing the lal~."s, Confiscation may onlv be applied when speciticelly: provided b;- the lsws. If there is tnelprectice in the cont'iscation of properties, the said properties will be returned to their Oh"nerS who are furthermore entitled to demand compensation, State or collective assets may not be confiscated except for cases provided in Article 8 and 13 of this lew, Article 45: Termination of ownership Property 01"er an ..r asset ....'ill terminate in the tollowirig instances: The o ...mer has tully defined his decision over' the propertiy; 17 "The asset has perished by: accidens: or force majeure, such as thunder, flood, earthquake and others; The owner has made no claim to regain his p ropert.y back during the period of court appeal; The properties heve been confiscated by the state or seized for auction according to decision reached by' the court in order to paY' the owner's debts. CH.4PTER VI SCOPE OF .4PPLICATION OF OWNERSHIP .-lrticie 46: Use of property The use of property designates the use of owned means or assets to meet deily needs or specific interest; but: should not undermine or hinder the rights and interest of the state, the society: or of other individuals. .-lrticle 47: Areas permitted for building dwellings or planting trees Indiv-iduals authorized to build dwellings or other constructions do not have the right to raise their roofs at a higher lel,-el liable to pour rainwater or covering other individuals' neighboring land or houses. Indiv-iduals haT,,-ing built houses, planted trees, fruit trees or ..tines or others on land whicli he has the right to use will not cause damage to the owners of neighboring houses or hamper road circulation. 18 .4rticle 48: Rights of the damaged party from the misuse of propertiy The damaged pert.y: from ca.uses mentioned in the second paragraph of Article 47 ma.Y lop off branches or vines or cut off roots projecting into his land within seven days after having given notice to the owner but is ignored by the latter or the damaged part.r ma:r protect his interest as mentioned in Article 63 and 64 of this law. In addition, the damaged party has the right to demand compensation for damages incurred. Article 49: Authorization for road passage .oln individual possessing a house surrounded by houses or land under the zeziancv of other individuels without: passage 'W'aJ' to the road has the right: to request a passage from the neigboririg land tenant closest to the road. The requested land tenant must authorize a passage '~·a.t- but is entitled to ask for reasonable compensation for damages incurred to plants or constructions in using land as passage ',·-a.!'. In case electric cables, telephone line or dreitisge, .,·-ater pipe: drinking t\-ater pipe must pass through a land ceueirig the destruction or damage to trees or crops of its tenant, the latter ma.'" request iridemnits: for damages implicated from such act. If the land tenant also benefits from such act, he will not be entitled to an.,," iridemtiitv, Article 50: Authorization for the passage of drains ,4n;- individual needing to drain wazez from their place of residence has the right to request the passage of drains through the land of the neighbor living right behind or near canals. Requested parties must authorize such work: bd are entitled to ask tor indemriitv of damages inflicted 19 upon crops or constructions. The solicitor to dig drains must ensure the sanitation and an appropriate state of drains. .J..rtic1e 51: Rights of agricultural products attendants Atitetuisnt: of houses or orchard have the right to make use of crops according to reached egreetuent: with the owner of the house or of the orchard. A.rticle 52: Obligations of house or orchard attendants .-1. land or orchard attendant has the obligation to appropriately preserve or take care of plants in the seid land. If ther» should be trees or other plentis dying or dead, the attendant must pa.y far the damages to the Oh:ner of the land or the orchard unless the demege is not caused • r.,'D.l- •• Im. If the attendant has made unreasonable use of the produce, more than as egreed, compensation must be paid to the land or orchard owner. In such case the latter ma;r not allow the person to benefit from the produce sriytnore. Article 53: Rights of the land or orchard owner The land or orchard owner may build ,1. fence around his property, but in doing so he must not create obstacle to road circulation, nor block any passage !vay previously used in this piece of land, nor project into the neighboring piece of land. 20 A.rticle 54: Responsibilities of the land or orchard owner If the attendant realizes that plants grol.'ing on the land he is taking care of is endangered such as because of a deficient fence or pests or for other causes and has elreedy warned the land or orchard owner' but the latter remains indifferent, all damages incurred will be taken in charge bJ' the land or orchard owner. If the attendant has made use of his own belongings to hinder such damages, the land or orchard cwnez must pa.I' compensation for the expenses incurred b.r the attendant, Article 55: Acknowledgement of the right to use vacant land and deteriorated forest land The state acknowledges the right for itidividuels, or cooperatives or collective organizations willing to use vacant land or deteriorated forest land for their restoration and development: or for cultivation, animal iuisbendry on their own expenses. CHAPTER VII PROTECTION OF PROPERTY Article 56: Protection of property The protection of property means the application of measures specified in lews egeitist: individuels violating the right of p ropertiy of other iridividuels in order to restore the violated rights and interest of the owners. Article 57: Court appeal for the return of assets ~"hen the right over- assets of their owners are ·vio1ated 21 by other itidividuels which are possessing them illegally, the concerned persons are entitied to file a court case against such indi..riduals for the return of their belongings. Illegal occupants are violators of legal provisions in vieh' of appropriating other individuals' assets or persons receiving assets from others who do not have the right to hand zhem ove.r. Article .58: Well intentioned but illegal occupant of properties An illegal but ;·..ell intentioned occupent: of properties 'is a person who does not know and who may not know that such assets are the p ropert.y: of other individuals. In this case, if the original owner demands his property beck, the tenant must return it, but the ownez- must pey: compensation according to the value of assets to the tenant. The original owner also has the right to demand compensation for damages from the person who has illegally handed cver the property. If the tenant has receiv'ed the property through grants or inheritance, there will be no compensation for the velue of the property or for any damages. A.I'ticle 59: Illegal occupants of property with ill intention .4n illegal occupant of property with ill intention is a person who knows or may have knowledge that the assets he is occupying is the property of other individuals, In such case, all the assets must be seized from the occupant and returned to their owner. The occupant may ask for compensation of damages [:rom the person who has illegally handed the asset ov-er to him, but do not have 22 the right: to lodge e. court appeal. Article 60: Produce and income generated from illegally occupied assets The produce or income generated from an asset illegelly' occupied b., an ill intentioned individuel will be returned to the owner in totelity: In case the concerned person has employed, sold or made other use of the produce or income, he .....rill have to compensate for damages incurred or refund the value of the produce or income to the o.....mer. The illegal but .....'ell intentioned occupant of an asset is not liable to return the produce or income generated bJ· the asset as mentioned in Article 58 of this la ......·. Article 61 : Improvement of the conditions of illegally held property .4.nJ· iridividusl illegally holding e. propert.y ....rith good. intention is entitled to keep all things improved bs: him if the share of newly created thing's do not entail damages or deficiencies to the original condition. If the new improvements rna.•· not be separated from the original situation, the illegal holder with good intention has the right: to demand compensation for damages on the part he has improved from the owner, but such compensation must not exceed the ...relue of the original asset: The improved possession under illegal and ill intentioned. holding will become the property of the original owner .....ritbout: an,'" compensation as provided in Article 59 of this le ...·. 23 A.rticle 62: Court case for the recognition of property If an individual is requesting the right over other's assets, althougii the right of possession has not yet been ...rioleted, the owner has the right to lodge a court appeal for the recognition of his right: of property. .4rticle 63 Court case for the termination of barrier or obstacle If an individual creates barriers or obstacles to the use, usufruct or decision over one's assets, although the right of property has not yet been violated, the owne.r has the right: to lodge a court appeal for the termination of such barriers or obstacles. Article 64: Court case demanding compensation for damages If an individuel causes deterioration or damages to another individuel'e propertiy, the owner' has the right to lodge a court appeal for compensation from the person who has caused them. A.rticle 65: Court case for the compensation of damages incurred from the use of water streams, ponds or canals The land tenant whose crops or rice are flooded or water could not be made use of because of obstructed, filled or blocked water streams, ponds or canals has the right to lodge a court appeal asking for the termination of such acts and for the compensation of damages incurred from such acts. 24 Article 66 Court case for the restoration of properties to the owners w-hen the owner hands ovez his property to another individusl to take care for, lease or use or the like, and the latter refuses to return the said property: to its ownez-, the owner has the right to lodge a court appeal demanding the restoration of his property. In case the p ropert.y is damaged or deteriorated because of the holder, the latter must in addition pey: compensation for such damages unless otherwise provided in a contract. Article 67: Appropriation of assets without legal basis A.n.l~ individual acquiring a propert.y without: sound basis must return property to its ow-nero belonging to others the said acquired A.rtic1e 68 Protection of the right of holders of assets belonging to others A holder but not the Ql,.-ner of esset:s, sucl: as the leaser, the ssten dent, the borrower also bes the right: to lodge a court eppesl as the cwne.r of the propert.y demanding the return of the p roperty' and the termination of barriers or obstacles as provided in Article 57 of this lal,'. 25