Despite its modest appearance, paragraph 2 of article 2195 of the Civil Code has been an infallible source of conflict. What interests us in this study is the existence of a promise agreement as a defense of the occupant in the face of a “precario” action. The problem is the existence of two incompatible ideas or theories in the case law. Our objective is to show these ideas and propose a solution.


precario promise agreeement protection of property