In civil law countries, possession is not a right, but a (legal) fact that enjoys some protection by law. It may provide proof of ownership, but as such does not satisfy the burden of proof. For example, ownership of a house is never proven by mere possession of a house. Possession is a de facto state of exercising control over an object, whether it is the owner or not. Only legal (the owner has a legal basis), bona fide (the owner does not know that he does not have the right of possession) and regular (not acquired by force or deception) possessions can become property over time. An owner enjoys a certain judicial protection against third parties, even if he is not the owner. POSSESSION, ownership. The possession or enjoyment of anything that a person owns or practices alone, or through another person who holds or practices it on their behalf. Through the possession of a thing, we always understand the state in which not only the own manipulation of the thing is physically possible, but the manipulation of any other person can be excluded with it. Thus, the sailor owns his ship, but not the water in which he moves, although he submits each to its end. 2. To complete a possession, two things are required. 1st edition.
Whether there is an occupation, a concern or an ingestion. 2. That ingestion is with the intention of possession (animus possidendi), so people who have no legal will cannot possess or acquire possession as children and idiots. Poth. h. Il.; Etienne, h.t. See Sea. R. 358; Abbott on the ship.
9 et seq. · But a sufficiently understanding child can legally come into possession of something. 3. Possession is natural or civil; Of course, if a man clings to a physical thing, for example, by occupying a house, cultivating land, or keeping a movable object in his custody; Possession is civil when a person ceases to reside in the house or land in which he or she lived or retains the movable property he or she owned, but without the intention of relinquishing possession. On land ownership, see 2 Bl. Com. 116; Hamm. parties, 178; 1 McLean`s R. 214, 265. 4. Possession is also real or implied; In fact, if the thing is in the immediate occupation of the party.
3 Dey. No. 34. Constructive, when a man claims to hold by virtue of a title without having the actual occupation of it; Because if the owner of a regularly planted plot of land is in possession of a part, he is considered constructive in possession of the whole. 11 Vern. No. 129. What distance from the property or loss of possession is sufficient to justify theft, see 2 Chit. Cr. Law, 919; 19 lawyers, 14; Etienne, h.t. Civ.
Codex de Louis. 3391, ff. 5. In civil law, possession is divided into natural law and civil law. The same division is adopted by the Louisiana Civil Code. 6.La natural possession is that by which a person holds a physical thing, for example by occupying a house, cultivating a land, or keeping a movable thing in his possession. Natural possession is also defined as the physical possession of an object that we possess as belonging to us, without any claim to such possession or with null title. Code civ.
by Lo. 3391, 3393. 7. Possession is civil when a person ceases to live in a house or land he occupied or retains the movable property he owned, but without intending to renounce possession therein. It is the custody of a thing, by virtue of a just title and under the conviction of owning as owner. 3392, 3394. 8. Possession applies only to tangible property, movable and immovable. The possession of intangible rights, such as serfdom and other such rights, is only a quasi-acquired.
Possession and is exercised by a type of possession to which these rights are sensitive. 3395. 9. Possession may be enjoyed by the owner of the thing or by another for him; Thus, the owner of a house owns it from his tenant or farmer. 10. To come into possession of property, two things are required. 1. The intention to possess as owner.
2. Physical possession of the thing. 3399. 11. Possession is lost with or without the owner`s consent. He is lost with his consent, 1. If he transfers this property to another, with the intention of parting with it. 2. When he performs an act that expresses his intention to renounce possession, such as when a man throws furniture or clothes into the city that he no longer wants to use. Article 3411 The owner of an estate loses possession against his consent. 1. If another drives him away, either by force to expel him or by usurping possession during his absence and preventing him from returning.
2. If the owner of an estate permits it to be usurped and held for one year without having performed any act of possession or hindered the possession of the usurper during that period. 3412. 12. For the effects of taking possession by the buyer, see Sugd. Sell. 8, 9; 3 pp. Wms.
193; 1 ves. Jr. 226; 12 ves. Jr. 27; 11 ves. Jr. 464. Empty, usually, 5 Harr.
and John. 230, 263; 6 Har. and John. 336; 1 Har. and John. 18; 1 green. No. 109; 2 Har. and McH. 60, 254, 260; 3 Bibb, r. 209 1 har. and McH., 210; 4 Bibb, r.
412, 6 Cowen, r. 632; 9 Cowen, R. 241; 5 wheat. R. 116, 124; Cowp. 217; Nap code. 2228; Code of the Two Sicilies, art. 2134; Bavarian Code, B. 2, c. 4, n. 5; Prus.
art. 579 of the Code; Domat, Lois Civ. liv. 3, t, 7, p. 1; Wine. From. H.T.; Wolff, Inst. § 200, and the note in the English translation; 2 Green. Ev. 614 and 615; Co.
Litt. 57 a; Cro. 777; 5 KB. 13; 7 John. 1. Possession may be acquired by a unilateral act establishing control of the facts. This can take the form of arrest (removal of an object that is not in the possession of a person) or seizure (removal of an object in his possession). It can also be obtained through a bilateral process of transfer of ownership from one party to the other. The party handing over the property must intend to do so. There are different forms of transfer of ownership. The object may be physically handed over (for example, handing over a newspaper purchased at the newsstand), but it is not always necessary for the party to literally seize the object for ownership to be considered transferred. It is sufficient that the object is in the de facto control area (for example, leave a letter in the mailbox).
Sometimes it is enough for a symbol of the object to cede de facto control (for example, handing over the keys to a car or house). You can also choose to end possession by throwing a letter in the trash. Possession includes the ability to end possession. The intention to possess (sometimes called animus possidendi) is the other component of possession.
