Possession

POSSESSION

INTRODUCTION

Sir Fedrick Pollock’s

“Im Common speech a man is said to

possess or to be in possession of any

thing of which he has the apparent

control or form the use of which he has

the apparent power of excluding

others”

INTERPRETATION OF TERM POSSESSION

1:Literal interpretation

“Possessing”

2:Legal interpretation

“The fact of having or holding property in one’s

power; the existence of dominion over property”

JURISTIC EXPOSITION OF TERM POSSESSION

1:Oliver Webdell Holme’s

View

“To gain possession a man

must otand in a certain

physical relation to the

object and to the rest of the

world and must have certain

intent”


Holland’sView

“The right of the possessor to

continue to possess is called

the ius possessions. In order

to ascertain what the right

is.if any which results form

possession is which is

recongnized as having legal

consequences”


3:Bentham’s View

“Defining the concept of

possession is like

defining the goemetric

conception of roundness”


4:Salmond’s View

“The continuing exercise o

to the a chaim exclusive use

of an objectf”

ELEMANTS OF POSSESSION

Savigny’s View

“Possession Consisted of two

ingredients ,corpus possessions

effective control and animus

domini ,the intention to hold as

owner .Since possession

involved both these elements the

permanent loss of one or the

other brought possession to an

end”

CORPUS POSSESSION

[Latin]Roman law . “The physical aspect of

possession”

“The corpus possessions consists in the

existence of physical power to exclude foreign

interference and secure the thing to one self”

ELEMENTS OF CORPUS POSSESSIONS

a)Relation of the possessor to other Person:

1 The physical power of the possessor

2 The personal presence of the possessor

3 By concealment of a thing

4 By Custom

5 Respect for rightful claims for the manifestation of the animus

domini

6 The Protection afforded by the possession of other things

ELEMENTS OF CORPUS POSSESSIONS

b)Relation of the possessor to the things possessed

“Corporeal content is not the physical element which is involved in

the conception of possession .It is rather the possibilty of dealing

with a thing as we like and of excluding others”

1)Animus possidendi

“The intent to possess thing”

BRIDGES VS HAWKESWORTH

Held :

plantiff as the finder had property in the notes

as against every one but the owner .(1851)21 LTQB

75)

KINDS OF POSSESSION

1 Corporeal possession and Incorporeal Possession

a)Corporeal Possession:

Possession of a material object .

(Black Law Dictionary)

b)Incorporeal possession :

“Possession of something of something other than a material object

such as easement over a neighbour’s land Possessio Juris”


KINDS OF POSSESSION

Madiate and Immediate Possession

a)Madiate possession

“Possession of a thing through some one else such as an agent”


b)Immadiate possession

“Possession that is acquired or retained directly or personally”


KINDS OF POSSESSION

Possession in fact and in law:

a)Possession in fact:

“Actual possession that may or may not be recoqnized by law

possessio naturalis”


b) Possession in Law :

“Possession that is recognized by the law either because it is a

specific type of possession in fact or because the law for some

special reason attributes the advabtages and results of possession

to some one who does not infact possess”(Black Law Dictionary)

KINDS OF POSSESSION

C) Denivative Possession :

“lawful possession by one who does not hold little”(Black Law

Dictionary)

MODES OF ACQUIRING POSSESSION

Taking :

“To help yourself to a thing “

Kinds of taking

1 Original

2 Derivative

Delivery

“Acquistion of possesstion with the consent of previous

owner “

Kinds of Delivery

1 Actual Delivery

2 Construtive Delivery

Kinds of Constructive delivery1 TRADITIO BREVI MANU 2 CONTITUTUM POSSESSORIUM 3 ATTORNMENT

CONCLUTION

Salmond

“The continuing of a claim to the exclusive use of an

object”

THE END

Possession

Education

Transcript of Possession