ARTICLE 480

APPLICABILITY OF PRINCIPLES OF GENERAL LAW

·         In case of conflict between the Civil Code and the principles of the general law on the quieting of title, the former shall prevail

·         The principles of general law referred to are the general principles developed on the subject in Anglo-American jurisprudence, where this remedy is well-known

SOME PRINCIPLES REGARDING DEFENSES

The defendant can win if he can prove:

1.       That the plaintiff does not have legal or equitable title

2.       That the defendant has acquired the ownership by adverse possession

3.       That the case has already been previously decided between the parties on the same issue – res judicata

4.       That the defendant became the owner after the action had been filed, but before he fi led his answer

5.       that the action has prescribed, the plaintiff being outside of possession

SOME PRINCIPLES REGARDING THE RELIEFS GIVEN:

1.       Unauthorized mortgages may be cancelled

2.       In an ordinary case, the defendant may in his counter-claim ask for quieting of title as against the plaintiff.

3.       Injunction may be availed of such as a prohibition to destroy certain properties or to gather fruits from the land in question.