Head 9 - Possession

Question 1

Does possession confer rights?

Answer 1

Possession alone confers no rights, other than the right founded on spuilzie (ejection), not to be dispossessed without consent or court order.
But fact of possession in combination with other facts confers rights e.g. positive prescription

Question 2

Acquisition of possession

Answer 2

Requires both act of the body and of the mind

Question 3

Civil possession

Answer 3

Possession through the corpus (body) of another.

Examples: warehouseman A holds goods belonging to B then he has custody but the owner of the goods has civil possession through the warehouseman.

Or tenant C lives in house belonging to landlord D. Landlord has civil possession but tenant has more than custody, tenant has natural possession because the tenant is intending to use the property to live there