Multiple choice

Any person having the possession or control over an article of movable property, of which he is not the owner, may be compelled to deliver it to the person entitled to the immediate possession

  1. when the possession of the thing claimed has been wrongfully transferred from the plaintiff

  2. when the thing claimed is held by the defendant as the agent or trustee of the plaintiff

  3. Both (1) and (2)

  4. None of the above

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Any person having the possession or control of a particular article of movable property, of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession in any of the following cases: (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.