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)
but he who has no possession of his own neither receives nor can receive any accession of another’s 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.
possessio naturalis, is treated as juristic possession, e.
A manager or agent (procurator) has detention, not possession.
The slave and filiusfamilias were incapable of juristic possession.
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.
Regularly the common law protects ownership only through possessory rights and remedies.
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);
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).
## Possession
possession, document, and witnesses.
Possession is said to be of two kinds: