Possession
idea · 5 works · 7 mentions · 15 anchored passages
possession · Possessio · Animus domini · Possessio civilis · Possessio naturalis · detention · juristic possession · legal possession · long-standing possession · physical detention
spoken of as
1 expressionPossessio“possession”1 mention
Institutes of Roman Law (English)
Moreover, it is generally allowed that mere intention suffices for the retention of possession, that is, that although we are neither in possession ourselves, nor any one else in our name, yet if we have gone away without meaning to abandon possession but with the intention of returning, it would seem we still retain possession.
in the texts
Institutes of Roman Law
The Roman legal concept of possession, defined as physical control combined with the intent to hold as owner, distinguished from mere detention.
Mere detention is called Possessio naturalis, corporaliter, Naturaliter tenere, In possessione esse.
Possession in this sense, as opposed to mere Detention, is called Possessio civilis, or simply Possessio.
by depositarius or commodatarius for depositor or commodator, and Animus domini, a certain intention on the part of the person in possession, the intention of holding it against others as a proprietor would, and so of deriving from it the benefits of ownership.
Ancient Law
The legal concept of physical control over a thing with intent to hold it as one's own, distinguished from ownership.
Few educated persons are so little versed in legal literature as not to have heard that the language of the Roman jurisconsults on the subject of Possession long occasioned the greatest possible perplexity, and that the genius of Savigny is supposed to have chiefly proved itself by the solution which he discovered for the enigma.
The Law of Intellectual Property
The physical holding or control of a thing, as opposed to legal ownership.
On the other hand, they know that possession, without the right, will be insecure, and of little value.
Thus one man may own a thing—that is, have the right of property in a thing—as a house, for example—and another man have the possession of it.
Yet, though out of possession of the house, his incorporeal right of property in it, is itself a legal and bona fide property, of which he is possessed.
The Law of Torts
The common law concept of legal possession, distinguished from mere physical detention and from the right to possess.
The common law, when it must choose between denying legal possession to the person apparently in possession, and attributing it to a wrong-doer, generally prefers the latter course.
Legal possession does not necessarily coincide either with actual physical control or the present power thereof (the “detention” of Continental terminology), or with the right to possess (constantly called “property” in our books);
Regularly the common law protects ownership only through possessory rights and remedies.
Kātyāyana Smṛti
Continuous physical enjoyment of property, treated as a form of legal evidence with or without accompanying title, subject to durational thresholds (three generations, twenty, fifty, or sixty years).
In matters of doorways, rights of way, enjoyment of property, watercourses, and the like, possession alone is weightier, not a document or witnesses.
Among the means of proof, possession is held by men to be equal to a valid document.
One should not disturb, out of greed, a long-standing possession whose origin is unknown.