Ownership action
A proprietary claim by which an owner seeks return of a thing, removal of interference or recognition of ownership against another person.
An ownership action enforces the owner’s real right in a thing. In Swiss law, it may take the form of a claim for restitution against a possessor without better right, or a claim to stop and remove unlawful interference with ownership. The claimant must prove ownership, which can involve the land register for real estate or possession presumptions for movables. Defendants may rely on contractual rights, limited real rights, good-faith acquisition or limitation rules. Ownership actions differ from possessory remedies, which protect factual possession without deciding title.