Possession Flashcards
what did Roman Jurist Ulpian state in regards to possession and ownership
Ownership has nothing in common with possession
Distinction between ownership and possession;
- The root of distinction lies in the ‘difference between having a thing and being entitled to it’
- Possession, in essence, a question of fact
- Ownership is a question of right
what is natural possession
the mere detention of a thing in your keeping
what developed due to the development of the concept of possession
development of the possessory interdicts
what was the definition of possession in regards to the law of actions
a type of possession protected in law which was legally defined, and which is different from possession in the sense of mere detention
how is Possession protected by
possessory interdicts
how is Ownership protected by the
vindicatory action
what type of possession was protected
- not all possession was protected
- only the type of possession expressly protected by possessory interdicts
how is legal possession protected by
protected by actions known as ‘possessory interdicts’
what is Occupatio
becoming owner of something which isn’t already owned by anyone else;
In such very specific circumstances, possession may also create ownership
what is Usucapio
possession may occasionally ripen into ownership in very specialist circumstances
what is the good faith possessor
- someone who possesses a thing in honest belief that he is the owner, even though he is not
- Usually, he’d have acquired the thing from a non-owner, in the mistaken belief that the non-owner was actually the owner, but in law, some other person is the true owner
- rare, in circumstances, the good faith professor may become owner over a period of time, only if the true owner fails to vindicate within a certain number of years
how may one protect possession from the owner
Someone who possesses a thing, animo et corpore, and whose possession has not begun by force or stealth, or at the pleasure of the owner
