4. The property of the participants of an agreement shall be subject to the provisions of this Code on common shared property, unless it is otherwise stipulated by the provisions of this Chapter, other legislative acts or an agreement on joint operation.
Article 231. Common Expenditures and Losses of the Participants
of the Agreement
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
The procedure for covering general costs associated with joint activity and losses which are incurred as a result of it shall be defined by the agreement of the participants. When the agreement does not provide for such a procedure, the general costs and losses shall be covered at the expense of the common property of the participants in agreement, and the missing amounts shall be distributed between them in proportion to their shares in that property.
Article 232. The Conveyance of the Right and Refusal to
Participate in Joint Activities
1. The conveyance of the right to participate in joint activities may be carried out only with the consent of the participants of an agreement on joint activities (ordinary partnership agreement).
2. A participant of the agreement on joint activities (ordinary partnership agreement) shall have the right at his discretion to refuse participation in joint activities.
3. Losses which are inflicted by the refusal of any one of them from the participation in joint activities shall be claimed in full volume, unless the agreement on joint activities (ordinary partnership agreement) stipulates otherwise.
Article 233. Consortium
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
1. The consortium shall be a temporary voluntary equal-rights union (association) on the basis of an agreement on joint business activities in which legal entities unite certain resources and co-ordinate efforts to solve specific business issues.
2. The participants of a consortium shall retain their business independence and may take part in the activities of any other consortia or associations.
Relations between the members of a consortium shall be built on a contractual basis.
3. Managing a consortium shall be carried out in accordance with the consortium agreement between the members of the consortium.
4. The participants of a consortium shall be jointly liable for the obligations related to the activities of the consortium, unless it is otherwise stipulated in the agreement on consortium.
5. A consortium shall cease its activities after the execution of the task set to it, upon the decision of its participants.
Article 234. The Rules for Certain Types of Joint Activities
Certain types of business activities shall be regulated by the legislation of the Republic of Kazakhstan in accordance with this Code.
Chapter 13. The Acquisition of the Right to Own and
of Other Material Rights
Article 235. The Bases for the Acquisition of the Right to Own
1. The right to own a new object shall belong to the person who manufactured or created it, unless it is otherwise stipulated in an agreement or legislation.
The right to own fruit, production, or income received as a result of the use of the assets, shall be acquired in accordance with Article 123 of this Code.
2. The right to own the property which has an owner may be acquired by any other person on the basis of a purchase and sale agreement, exchange agreement, a gift agreement, or any other transaction to alienate that property.
In the case of demise of a citizen, the right to own the assets which belong to him shall be transferred by inheritance to other persons in accordance with the will or law.
In the case of reorganising a legal entity, the right to own the assets which belong to it shall be transferred to the legal entities which are legal successors of the reorganised legal entity (Article 46 of this Code).
The alienation of the assets from an owner to another person past the approval of the owner shall not be allowed, except for the cases stipulated in this Code.
3. In the cases and in accordance with the procedure stipulated in this Code, a person may acquire the right of ownership of the property which does not have an owner, or the property of which the owner is not known, or the property of which the owner refused it or lost the right to own it for other reasons.
4. Members of a consumer co-operative (housing, housing construction co-operative, dacha co-operative, garage and any other co-operative), and other persons who have the right to accumulate share-units, who fully paid their unit-share contribution for the apartment, dacha, garage or any other premises granted to those persons by the co-operative for their use, shall acquire the right to own the indicated assets.
Article 236. The Emergence of the Right to Own Newly-Created
Immovable Assets
1. The right to own buildings under construction, installations or any other property complexes, and also any other newly-created immovable assets, shall arise from the moment of the completion of the creation of those assets.
2. When legislative acts or an agreement stipulate the acceptance of the finished construction items, then the creation of the relevant property shall be considered to be accomplished from the moment of such acceptance.
3. In the cases where immovable assets are subject to state registration, the right to own them shall arise from the moment of such registration.
4. Prior to the completion of the creation of immovable assets, and in the appropriate cases prior to its state registration, the rules concerning the right of ownership of materials and other assets of which the immovable property is created shall be applied to that property.
Article 237. Re-Processing
1. Unless otherwise stipulated in the agreement, the right of ownership of a new movable asset manufactured by a person by way of processing the materials which do not belong to him, shall be acquired by the owner of the materials.
However, when the cost of processing substantially exceeds the cost of the materials, the right to own the new item shall be acquired by the person who, acting in good faith, carried out the processing for himself.
2. Unless it is otherwise stipulated in the agreement, the owner of the materials who acquired the right of ownership of the item manufactured thereof, shall be obliged to compensate the cost of the processing to the person who carried it out, and in the case of the purchase of the right to own the new item by that person, the latter must accordingly compensate to the owner of the materials for their value.
3. The owner of materials who lost them as a result of dishonest actions of the person who carried out the processing, shall have the right to claim the transfer of the new item into his ownership and the reimbursement of the losses inflicted upon him.
Article 238. The Moment of the Emergence of the Buyer's Right to
Own by Agreement
1. The buyer of the property shall acquire the right of ownership by agreement from the moment of the conveyance of the item, unless it is otherwise stipulated in legislative acts or agreement.
2. When an agreement to alienate property is subject to state registration or notarisation, the right of ownership shall be acquired by the buyer from the moment of the registration or notarisation, and when both notarisation and state registration of the agreement are required, then from the moment of its registration.
Article 239. Transfer of Objects
1. A conveyance shall be recognised as handing objects to the buyer, and equally the submission to a transport organisation for shipment to the buyer, and the submission to the post-office for the conveyance to the buyer of the objects which are alienated without obligation of delivery, unless it is otherwise stipulated in legislation or agreement.
2. If by the moment of concluding an agreement on the alienation of an object it is already in the possession of the buyer, the thing shall be recognised as transferred to him from that moment. The transfer of a waybill or bill of lading or any other document of title concerning objects, shall be equated to the transfer of those objects.
Article 240. Usucapio
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
1. A citizen or a legal entity who is not the owner of certain property but who honestly, openly and continuously possess as his own the immovable assets for fifteen years, or any other assets for not less than five years, shall acquire the right to own those assets (usucapio, acquisition by prescription).
The right to own immovable and any other assets which are subject to state registration, shall arise with the person who acquired that property by virtue of usucapio, from the moment of such registration.
2. Prior to the acquisition of the right to own property, a citizen or a legal entity which holds it as their own, shall have the right to protect their ownership against third persons who are not the owners of the property and also against third persons, who have no right to own it by virtue of any other reason stipulated in legislative acts or the agreement.
3. A citizen or a legal entity which refer to the length of possession, may add to their possession all the time during which the item was possessed by the person whose legal successors they are.
4. The course of the usucapio period in respect to the property which is held by the person from whose possession it may be claimed in accordance with Articles 260-263 and 265 of this Code, shall begin not earlier than the expiry date of the term of the statute of limitations on the such claims.
5. In the case where an owner is refused recognition by the court of his right to own, the person who holds the property shall become the owner thereof.
Article 241. Conversion into Property of the Things Which are
Commonly Available for Collection or Extraction
In the event that, in accordance with legislation, local tradition, or general permission given by the owner, in forests, bodies of water or in any other territories, it is allowed to collect berries, catch fish, hunt animals, collect or extract any other items, the right to own the relevant items shall be acquired by the person who has collected or extracted them.
Article 242. Ownerless Objects
1. Ownerless objects shall be recognised as items which have no owner, or whose owner is unknown, or the item the right to own which is rejected by the owner.
2. Unless excluded by the rules for the acquisition of the right to own items rejected by the owner (Article 243 of this Code), findings (Article 245 of this Code), unattended animals (Article 246 of this Code), and hoard (Article 247 of this Code), the right to own ownerless movable items may be acquired by virtue of acquisition by usucapio (Article 240 of this Code).
3. Ownerless immovable items shall be registered for accounting by the body which carries out the state registration of immovable assets, in accordance with an application to the local executive body in whose territory they are identified. Upon expiry of a year from the date of registering an ownerless immovable item, the body which is authorised to manage communal property may petition to the court with the claim to recognise that item as the one received by the communal property. An ownerless immovable item which is not recognised by the court decision as received by the communal property, may be again taken into possession, use and disposal by the owner who left it, or acquired into ownership through acquisition by prescription. (Article 240 of this Code).
Article 243. Movable Items Rejected by the Owner
replaced by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
Article 243. Movable Objects Rejected by the Owner
replaced by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
1. Movable objects abandoned by their owner or otherwise left by him for the purposes of rejecting the right of ownership with regard to them (abandoned items) may be turned by other persons into their ownership in accordance with the procedure provided for by paragraph 2 of this Article.
2. A person who owns, holds or uses a land plot where an abandoned item whose value is apparently lower than twenty monthly assessment indices is located, or abandoned metal scrap, damaged goods are located, shall have the right to turn those items into his ownership by beginning to use them or by performing any other acts which witness the conversion of an item into ownership.
Any other abandoned items shall come into ownership of the person who entered their ownership when pursuant to an application of that person, they are recognised by the court as ownerless.
Article 244. Unauthorised Construction
1. A residential house, any other structure, facility or any other immovable asset which is created on a land plot which is not allocated for those purposes in accordance with the procedure stipulated in legislation and also one which is built without obtaining appropriate permits, shall be recognised as unauthorised construction.
2. A person who carries out unauthorised construction shall not acquire the right to own it. That person shall not have the right to dispose of the structure, nor to sell, transfer as gift, lease or commit any other transactions.
An unauthorised construction item shall be subject to pull-down by the person who built it or at his expense, except for the cases stipulated in paragraphs 3 and 4 of this Article.
3. The right to own an unauthorised structure may be recognised by the court as belonging to the person who carried out the construction on a land plot which does not belong to him, provided such land plot will be granted to that person in accordance with the established procedure for the placement of the structure so erected.
The right to own an unauthorised construction item may be recognised by the court also as belonging to the person in whose legitimate use the land plot on which the construction took place, is. In that case, the person whose right to own the structure is recognised, shall compensate the builder for the costs of the construction in the amount determined by the court.
The right to own an unauthorised structure may not be recognised as belonging to said persons when the preservation of the structure entails violation of the rights and interests protected by law of other persons, or where it creates a threat to the life and health of citizens.
4. In exceptional cases, taking into account social and economic expedience, unauthorised structure may be transferred to communal property with compensation for the costs of its construction in the amount determined by the court.
Article 245. Finding
1. A person who found a lost item must immediately notify the person who lost it about its discovery, or the owner of the item, or anyone of the other persons known to him, who have the right to receive it, and return to him the found item.
When an item is found on the premises or in transport, it shall be subject to submission to the person who represents the owner of those premises or transport. In such case the owner shall acquire the rights and bear the responsibilities of the person who found the item.
2. When a person who has the right to receive the found item or his location are unknown, the person who found the item shall be obliged to report on his finding to the militia or the local executive body.
3. The person who found a thing shall have the right to keep it with himself or leave it for the safe custody to the militia, the local executive body or to a person indicated by them. A perishable item, or an item the cost of the custody of which is not commensurate with its value, may be sold by the person who found it with the receipt of written evidence certifying the amount received. The money received from the sale of the found item shall be subject to safe custody or returned to the person who has the right to receive the item, or to transfer into the ownership of other persons in accordance with the procedure and on the conditions established for that item itself.
The person who found an item shall be liable for its loss or destruction only in the case of his intention or gross neglect, and within the limits of the value of the item.
4. When, upon expiry of six months from the moment of the report on finding to the militia or the local executive body, the person who has the right to receive the lost item is not identified and does not declare his right with respect to the item to the person who found it or to militia, or to the local executive body, the person who found the item shall acquire the right to own it.
When the person who found an item refuses to acquire the found item into ownership, then it shall be transferred to communal ownership.
5. The person who found and returned an item to the person who is authorised to receive it, shall have the right to receive from that person, and in the case of the transfer of the item into the communal property, from the relevant local executive body, compensation for the unavoidable expenses, associated with the storage, submission, sale of the item, and the costs of identifying the person authorised to receive it.
6. A person who found an item shall have the right to receive an award from the person authorised to receive it, in an amount of thirty per cent of the value of the item. When the found item represents a value only for the person who is authorised to receive it, then the amount of the award shall be determined in accordance with an appraisal carried out by the parties.
The right to an award shall not arise if the person who found the item does not execute his obligation to report on the finding, or where he committed other actions in order to conceal the finding.
Article 246. Unattended Animals
1. A person who detained unattended or stray cattle and other domestic or tame animals shall be obliged to return them to the owner, and if he or his location are unknown, not later than within three days from the moment of such detention, to report on the found animals to the militia or the local executive body which shall adopt measures to find the owner.
During the period of the search for the animals' owner, they may be left by the person who detained the animals for his maintenance and use, or turned in by him to another person who has sufficient facilities for their maintenance and use. Upon the request of the person who detained the animals, the local executive body shall find a person who has the required conditions for their maintenance and use, and convey to him the animals.
2. The person who detained animals and the person to whom they are transferred for maintenance and use shall be responsible for the death and damage to the animals only if their guilt exists, and only for the value of those animals.
3. If within six months from the moment of a report on the detention of working and large cattle, and two months for any other domestic animals, their owner is not identified and does not declare his right to them, the right to own those animals shall be transferred to the person with whom they stayed for their maintenance and use. In the case of refusal of that person to accept the ownership of the animals maintained by him, they shall become communal property and shall be used in accordance with the procedure determined by the relevant local executive body.
4. In the case of return of the animals to the owner, the person who detained the animals and the person with whom they stayed for maintenance and use shall have the right to receive from that owner compensation for the expenses associated with the maintenance of the animals, with reckoning the benefits derived from their use.
5. The person who detained unattended or stray cattle, and other domestic or tame animals, shall have the right to claim from their owner the payment of a reward in accordance with paragraph 6 of Article 245 of this Code.
6. In the event that the former owner of the animals arrives after their transfer into the ownership of any other person, the owner shall have the right, in a case where circumstances are present which indicate attachment of the animals to the original owner, or cruel or other improper treatment of them by the new owner, to require their return to him on the conditions to be established by an agreement with the new owner, and if they fail to agree, through the court.
Article 247. Treasure-Trove
1. A treasure-trove, which is money or any other valuables hidden in the earth or concealed by any other method, the owner of which may not be identified or, by virtue of legislation lost the right to it, shall become the property, in equal shares, of the owner of the land plot or the owner of the immovable asset in which the treasure-tove was hidden and of the person who found the treasure-trove, unless the agreement between them establishes otherwise.
In a case of the finding of a treasure trove by a person who conducts excavations or research for valuables without the approval of the user of the land plot or the owner of the immovable property where the treasure-trove was hidden, the treasure-trove shall be subject to transfer to that owner.
2. In the case of finding a treasure-trove which contains items which are memorials of historical or cultural value, they shall be subject to transfer to the ownership of the Republic of Kazakhstan. In that instance, the user of the land plot or the owner of the immovable property in which such treasure-trove has been found, and the person who found the treasure-trove, shall have the right to receive a reward in the amount of fifty per cent of the value of that treasure-trove. The reward shall be distributed between those persons subject to the rules stipulated in paragraph 1 of this Article.
Article 248. The Acquisition of Property Confiscated from the
Owner
If a person, in accordance with the procedure and under the conditions stipulated in legislative acts, acquired property confiscated from the owner, on a legitimate basis that person shall acquire the right to own the property.
Chapter 14. Cessation of the Right to Own and of Other Corporeal
Rights
Article 249. The Basis for the Cessation of the Right to Own
1. The right of ownership shall cease after the alienation by the owner of his property to other persons, the refusal by the owner of the right to own, the death or destruction of property, and the loosing of the right to own the property in any other cases stipulated in legislative acts.
2. Compulsory confiscation from an owner of his property shall not be allowed except in the following cases:
1) imposition of a claim upon the assets based on the liability of the owner;
2) compulsory alienation of assets which by virtue of legislative acts may not belong to that person;
3) requisition;
4) confiscation;
5) alienation of immovable assets in connection with the reservation of a land plot;
6) purchase of ownerless cultural or historic valuables;
7) in any other cases stipulated in this Code.
3. In the cases, on the conditions and in accordance with the procedure stipulated in the legislative acts concerning privatisation, the assets which are in state ownership shall be alienated into private property of citizens and legal entities.
4. In the case of adoption of the Law of the Republic of Kazakhstan concerning conversion into state ownership of the property which is in private ownership of citizens and legal entities (nationalisation), their losses shall be compensated in accordance with the procedure stipulated in Article 266 of this Code.
Article 250. The Refusal of the Right to Own
A citizen or a legal entity may waive the right of ownership of the property which belong to them, by announcing this, or by committing other actions which definitely prove their rejection of the ownership, use and disposal of the assets, without intention to retain any other rights in respect to those assets.
The refusal of the right to own shall not entail the cessation of the rights and obligations of the owner in respect to the relevant property prior to acquisition of the right to own that property by any other person.
Article 251. Imposition of a Claim on the Assets of an Owner
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
1. The imposition of a claim upon assets based on the liability of the owner shall be carried out in a judicial procedure, unless it is otherwise stipulated in the agreement.
2. The owner's right to own the assets upon which a claim was imposed shall cease from the moment of the emergence of the right to own the confiscated assets by the person to whom the right to own transfers in accordance with the procedure stipulated in the legislation.
Article 252. Cessation of the Right to Own of a Person to Whom by
Virtue of Legislative Acts the Assets May Not Belong
1. If due to reasons allowed by legislative acts a person came into ownerships of the items which may not belong to him by virtue of legislative acts, that property must be alienated by the owner within one year from the moment of the acquisition of the right of ownership of that property, unless other period is specified in legislative acts. In a case where the assets are not alienated by the owner within the indicated deadlines, they, in accordance with the decision of the court, shall be subject to compulsory alienation with compensation to the owner for the value of the assets, less the expenditures associated with their alienation.
2. When a citizen or a legal entity owns an item for the acquisition of which special permission is required, on the bases allowed by the legislative acts, and its issue to the owner is denied, that item shall be subject to alienation in accordance with the procedure which is established for the property which may not belong to that owner.
Article 253. Requisition
as amended (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
1. In cases of natural calamities, accidents, epizootic epidemics, and under any other circumstances which have an extraordinary nature, property may be requisitioned in the interests of the society upon the resolution of the state bodies from an owner in accordance with the procedure and on the conditions established by legislative acts, with the payment to him of the value of the property (requisition).
2. The evaluation on the basis of which the owner is reimbursed for the value of the requisitioned property may be challenged by him in a judicial procedure.
3. A person whose assets are requisitioned shall have the right to claim through the court the return to him of the remaining assets, after the cessation of the effect of the circumstances in relation to which the requisition took place.
Article 254. Confiscation
In the cases stipulated in legislative acts, property may be confiscated without compensation from an owner in a judicial procedure in the form of a sanction for the commitment of a crime or any other violation of law (confiscation).
Article 255. Cessation of the Right to Own Immovable Property in
Relation to the Reservation of Land and Other Natural Resources
1. The termination of the right to own immovable property due to a decision by a state body which is not directly aimed at the confiscation of property from the owner, including by the decision to reserve the land plot upon which a house or any structures, installations or plantations which belong to the owner are located, shall be allowed only in cases in accordance with the procedure established by the legislative acts, with the granting to the owner of equally valuable assets and the reimbursement of any other losses incurred, or refunding to him in full volume the losses inflicted by the termination of the right to own.
2. In the case of a disagreement by the owner with a decision which entails the termination of his right of ownership, it may not be effected prior to the settlement of the dispute in a judicial procedure. When a dispute is considered, all the issues associated with the reimbursement of the owner for the inflicted losses shall be also settled.
3. The rules of this Article shall appropriately apply when the right of ownership of immovable assets is terminated in connection to the decision of a state body to reserve mining allotments, parts of the sea bed and any other plots on which assets are located.
Article 256. Purchase of Ownerless Cultural and Historic Assets
In the cases when an owner of cultural and historic valuables, which in accordance with legislation are recognised as especially valuable and protected by the State, carelessly keeps those valuables, and this threatens the loss by them of their significance, such valuables upon the decision of the court may be confiscated from the owner by the State by way of purchase or sale through a public auction.
When cultural valuables are purchased, the owner shall be compensated for their value in an amount established by agreement of the parties, and in the case of a dispute, by the court. In selling through an auction, the amount received from the sale shall be transferred to the owner, less the expenditure on the conduct of the auction.
Article 257. The Appraisal of the Assets When Terminating the
Right to Own
When terminating the right to own, assets shall be appraised on the basis of their market value.
Article 258. Cessation of Material Rights Which Belong to a
Non-Owner
Corporeal rights which belong to a non-owner shall terminate in accordance with the rules established by Articles 249-257 of this Code, and also upon the decision of the owner in accordance with the procedure established by legislative acts, by the charter of the legal entity or by agreement of the owner with the holder of the property.
Chapter 15. Protection of the Right to Own and of Other Material
Rights
Article 259. Recognition of the Right to Own
An owner shall have the right to claim recognition of his right to own.
Article 260. Owner's Claim to Return Property from Somebody Else's
Illegal Possession
An owner shall have the right to seek the return of his property from somebody else's illegal possession.
Article 261. Claiming Property From a Bona Fide Buyer
as amended by (12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)".
1. When assets are purchased from a person who did not have the right to alienate them, for a price, and the buyer had no knowledge and should not have had knowledge of this (a bona fide buyer), then the owner shall have the right to claim that property from the buyer only in the case where the assets were lost by the owner, or by the person to whom the assets were transferred by the owner for possession, or if the assets were stolen from one of them, or went out of their possession in any other way outside their will.
2. If assets are purchased free of charge from a person who did not have the right to alienate them, the owner shall have the right to claim the assets in any case.
3. Claiming assets on the bases indicated in paragraph 1 of this Article shall not be allowed, provided the assets were sold in accordance with the procedure established for the execution of court decisions.
Article 262. Limitation on the Claims of Money and Securities
Money and also bearers' securities may not be claimed from a bona fide buyer.
Article 263. Settlements in Returning Items from Illegal
Possession
1. In claiming assets on the basis of Articles 260 and 261 of this Code, the owner shall also have the right to claim from a mala fides holder the return, or reimbursement, of all the income which he derived or should have derived during the entire time of possession; while from the bona fide holder, of all the income which he derived or should have derived from the time when he learnt of the illegitimacy of his possession and received the subpoena related to the action of the owner to return the assets. A bona fide holder in his turn shall have the right to claim from the owner reimbursement of the necessary costs incurred in relation to the property from the time when income from the property became due to the owner. An mala fides holder shall have the right to obtain such reimbursement entirely or in part only in the cases in which the claim of the owner is recognised by the court as substantial.
2. An illegitimate possessor shall have the right to retain the improvements made by him, if they may be separated without damaging the item. When such separation of improvements is impossible, the bona fide holder shall have the right to claim reimbursement of costs incurred for the improvement, but not for more than the amount of the increase in the value of the item. The male fides holder shall have no such right.
