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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 or as the ...
Thus, possession involves two things: (1) claim of exclusive user; and (2) conscious or actual exercise of this claim, that is, physical control over it. The former is the mental element called as animus possessionis and the later is the physical element called as corpus possidendi. [iii] Federick Pollock-.
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What is possession in law?
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How do you establish possession in jurisprudence?
- 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...
Dec 11, 2019 · Savigny defines possession as, “Intention coupled with the physical power to exclude other from the use of material objects”. His definition involves two essential elements:-. A. The animus domini, i.e., the intention to hold the goods; and. B. The corpus possessionis, i.e., the physical control of such goods.
Mar 22, 2022 · Possession in jurisprudence can be categorized into three main types: Actual Possession: This type of possession refers to physical control or occupation of a property or object. The person exercising actual possession is in direct physical contact with the property and has the ability to use, enjoy, and control it.
Apr 1, 2018 · Possession is the most basic relation between man and a thing. Possession is an evidence of ownership. 1) Meaning: "Possession" literary means physical control over a thing or an object. It expresses the closest relation of fact that can exist between a thing and the person, who possess it. In law, possession means it includes not only physical ...
Jun 21, 2023 · Jurisprudence is the study and philosophy of law. One of the fundamental concepts explored in jurisprudence is the concept of property, ownership, and possession. These concepts are closely intertwined and have significant implications in legal systems around the world. Property, ownership, and possession are key concepts in jurisprudence.
