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Jun 17, 2019 · As per Markby “possession is the assurance to practice physical authority over a thing all alone benefit combined with the ability to do as such”. Maine characterizes possession as “physical confinement combined with the goal to hold the thing kept as one’s own.”
And possession in law or de jure possession is possession in the eye of law, that is, recognized and protected by law. They both most often exist together must not always. For example, a servant holds a bicycle on behalf of his master, he has actual possession of it, but in the eye of law the possession is with the master.
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.
Jul 28, 2021 · In B. Gangadhar v. Ramalingam (1995) 5 SCC 238, the Indian Supreme Court elaborated on the notion of possession. The objective realization of ownership is possession. It is both the de facto statement of a claim to a specific piece of property and the de facto counterpart of ownership.
Aug 7, 2020 · 1. Possession. 2. Ownership. Regarding possession, as Salmond says, it is the most basic relation between a man and a thing. Possession of material things is necessary because human life and human society would rather be impossible without the use and consumption of material things.
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.
Mar 6, 2023 · Some Jurists have given different definitions. John Salmond: Salmond defines Possession as, “possession is the continuing exercise of a claim to the Exclusive use of an object.”. Savigny: Savigny defines Possession as, “intention coupled with physical power to exclude others from the use of material object.
In Roman law, corporeal possession is called as possession corporis and incorporeal possession is known as possessio juris. According to some jurists, possession can only be corporeal and there is nothing like incorporeal possession because his concept falls short of the requisites of real possession.
Mar 16, 2020 · Possession in law is also known as De Jure possession and in roman language, it is read as possession civilic. The law mainly protects for two major reasons that are by conferring legal rights on the possessor and by punishing the individuals interfering the possession. Three causes between possession in fact and possession in law are as ...
Dec 7, 2017 · In the common law, possession is said to create entitlement. Modern authorities treat the facts of possession (generally understood as some function of physical control and intention) as a causative event, sufficient to generate for the possessor a general property right in the thing possessed.
