Title V: Of Actions and Exceptions

Every right is fortified not only by an action, unless something else has been expressly provided, but also by an exception, which always belongs and is by its nature perpetual.

§ 1. One who acts by a title supported by the authority of law for vindicating a thing for himself, or for pursuing his right in judgment, contends by an action which is called petitory.

§ 2. But if he seeks possession of a thing or quasi-possession of a right, his action is called possessory.

§ 1. An actor can convene a defendant by several actions at the same time, provided they do not conflict with one another, whether concerning the same thing or diverse things, if they do not exceed the competence of the tribunal approached.

§ 2. The defendant is not prohibited from using several exceptions, even contrary ones.

§ 1. The actor can in one instance cumulate possessory and petitory actions, unless an exception of spoliation is opposed from the other side.

§ 2. Likewise it is lawful for the defendant convened in the petitory to reconvene the actor in the possessory; and vice versa, unless the matter is about spoliation.

§ 1. Likewise it is lawful for the actor, before conclusion has occurred in the cause, to go back from the instituted petitory judgment to the possessory one of acquiring or recovering possession.

§ 2. Indeed, from a just cause the judge can permit this return even after conclusion in the cause, but before definitive sentence.

§ 3. It belongs to the judge, with attention to the allegations of the parties, either to define both questions by one sentence, or to satisfy first one, then the other, according as it seems to him more expedient for the swifter and fuller protection of rights.

§ 1. One who has shown that he has a right over some thing detained by another and that damage is imminent to him unless the thing itself is entrusted to custody has the right of obtaining from the judge the sequestration of the same thing.

§ 2. In similar circumstances of things he can obtain that the exercise of a right be inhibited to someone.

§ 3. The sequestration of a thing and the inhibition of the exercise of a right can be decreed by the judge from office, especially at the instance of the promoter of justice or the defender of the bond, whenever the public good seems to demand it.

§ 1. For the security of a credit also, sequestration of a thing is admitted, provided that the right of the creditor is clearly established and the norm of which in can. 1923, Sec. 1 is observed.

§ 2. Sequestration extends also to things of the debtor which are found with other persons by reason of deposit or by any other title.

Sequestration of a thing and suspension of the exercise of a right can in no way be decreed if the damage which is feared can be repaired otherwise and suitable security is offered concerning its repair.

§ 1. For the custody of a thing subject to sequestration, a suitable person, with the parties proposing, is to be designated by the judge, who is called the sequester; if the parties disagree among themselves, the judge is to choose the sequester from office.

§ 2. The sequester, in guarding, caring for, and preserving the thing, must employ no less diligence than he employs for his own things, and afterward he is bound to return it, with all that belongs to it, to the one whom the judge has decreed.

§ 3. The judge is to decree a suitable wage for the sequester, if he asks it.