Posession

Question 1

What is posession? What are prerequisits for posession?

Answer 1

1. POSSESSO-factual control over an objet+intention to control it; a fact rhater thant a right
2. ANIMUS POSSIDENDI->intent to possess smth for oneself -> ANIMUS REM SIBI HABENDI
   CORPUS-control over an object; it’s enough for an obkect merely to be in subject’s spheare of influence so that person has realistic chance to of control.
   Important to determine both

Question 2

What is proprietary possession?

Answer 2

intention of having object for oneself

Question 3

What is natural possesssion?

Answer 3

NATURALIS POSSESSIO-> holding of an object for another person-> ANIMUS REM ALTERI HABENDI-> holder can be either freeman or a slave. POSSESSOr has mediate possession of an object.

Question 4

Who is detentor and who is possessor’s agent?

Answer 4

1. detentor- a person SUI IURIS-> neither a slave nor in the possessor’s parental or marital power. Detentor has immidiate natural possession->possessor is mediate proprietary
2. possessor’s agents-> persons in possessor’s power ->ALIENI IURIS-> when possessor aquires possession with smb who is in his power, he aquires immidiate possession.

Question 5

What are possessory interdicts? What is their aim?

Answer 5

1. When a possessor has IUSTA POSSESSIO it enables him to apply for an interdict to safeguard his possession->POSSESSIO AD INTERDICTA
2. aim- to prevent dispossession or unaithorized infringement of one’s possessory rights
3. the prpohibition of violance->VIM FIERI VETO “I prohibit the use of force”. In some circumstance the possessor can fight the agressor off.

Question 6

What does IUSTA POSSESSIO mean?

Answer 6

posession obtained neither by force-NEC VI-nor by secret NEC CLAM nor precariously NEC PRECARIO. The iustis possessor is protected by interdicts

Question 7

What are restitutionary interdicts?

Answer 7

injucntion to restor ab object to a former possessor.

Question 8

What is POSSESSIO EX IUSTA CAUSA?

Answer 8

Possession resulting forn a valid title, legal transaction that aims at the transmission of ownership ->sale, donation, loan etc

Question 9

What is FURTUM?

Answer 9

taking movable property thta belonges to another with the intent to enrich onceself

Question 10

Elements of FURTUM

Answer 10

1. the taker knows that idet belongto another person->larcenous intent ->DOLUS MALUS. Whithout DOLUS there can be no theft.
2. FORTUM is only possible in relation to movable property.

Question 11

What action can bring the victim of FORTUM?

Answer 11

1. ACTIO FURTI->penal action ->pauable not to the sate but to the victim
2. CONDICTIO FURTIVA->recoveru of the stolen object