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What is possession in law?
What does possession mean in Roman law?
Why is possession important in English jurisprudence?
When is a person considered in lawful possession?
Meaning of the term possession. Several jurists have defined the term ‘possession’ differently, some of the notable definitions are as follows: Salmond- The possession of a material object is the continuing exercise of a claim to the exclusive use of it.
possession. Possession means the ownership, control, or occupancy of any object, asset, or property, by a person. Cases such as this one from Missouri, explain that “possession is defined as the detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one's use and enjoyment, either as owner ...
Dec 11, 2019 · Meaning of possession in Jurisprudence:-. In Roman law possession was termed as a ‘Possessio’. The term possessio denoted physical control over things. In legal terminology, there is no word more ambiguous in its meaning than possession whether considered in relation to immovable property.
- Introduction
- The Etymological Meaning of “Possession”
- Concept of “Possession” Under Roman and English Law
- Theory of Possession by Different Scholars
- Possession in Law and Fact
- Conclusion
“Possession” is a polymorphousterm which may have diverse importance in various aspects. It is difficult to work out and draw a totally consistent and exact meaning of “possession” relevant to all circumstances with regards to all statutes. It is the most troublesome and complicated to define the “word” which fits in the definition clause of, estim...
To comprehend the idea, we should initially need to comprehend the historical background of the word, i.e., the significance of the word in its root, in its history. Pollock says that having physical power over a thing which establishes possession. As indicated by Salmond “the possession of a material item is the proceeding with the exercise of a c...
The concept of the term“Possession” has been defined inRoman as well as in the Englishlaw. Both of these laws have been considered one of the authoritative and conventional laws in the field of lawmaking.
The theory of possession has been explained and analysed by various scholars and thinkers. Analysis of the theory by various legal jurists is as follows.
Possession has thus been divided into two categories which are as follows. 1. Possession in Fact 2. Possession in Law
Possession and proprietorship contrast in their modes of obtaining too. The exchange of possession is nearly simpler and less specialized, yet the exchange of possession in most cases involves a specialized procedure of convincing. The privileges of possession and proprietorship are considered the equivalent. “Within the points of confinement recom...
Possession means physical control over an object or thing. Though in law it is difficult to define the concept of possession as there is no precise definition of possession. But it is the physical custody, control or occupancy of any object. Let us discuss the types of possession in detail.
Dec 7, 2017 · Possession stands in the front line as a sufficient foundation for any claim, since the person who proves the earlier possession necessarily proves the earlier (and therefore better) property right.
Possession is a first cut at a legal ontology in an overall modular architecture of property. The legal ontology divides the world up into persons and things, and establishes associations between persons and things.
