Scribd
Upload
18 views6 pages

Presentation (2) 12

Uploaded by

rajiv
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
18 views6 pages

Presentation (2) 12

Uploaded by

rajiv
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 6

POSSESSION

DEFINITION, ELEMENTS, KINDS


DEFINITION

• A possession is something that belongs to you. If you've got a special


rubber ducky, that’s one of your possessions, and it may even be your
prized possession.
• Possession is all about control: if you have possession of something, you
own it, or have your hands on it. If your house keys are in your possession,
you know where they are.
JURIST DEFINITION
• Savigny’s Theory: Savigny define possession as Intention which
is mixed with physical power to exclude other from the use of
material object.
• Ihering’s Theory: Possession is more objective and it presents a
sociological approach to possession. It was stated by him that
whenever a person looked like an owner in relation to thing, he
had possession of it unless possession was denied to him by rules
of law based on practical convenience. This theory given by him is
more in consonance with the practice in Roman law than Savign’s
theory. This theory is more flexible. It explains those cases which
were found difficult by Savign’s theory.
ELEMENTS
• There are two elements of possession. They are corpus of the possession and
animus of the possession.
• Corpus possessionis: By corpus is meant an effective physical control of the object.
The physical power of dealing with the subject immediately and of excluding any
foreign agency over it, which must exist in every acquisition of possession. The
immediate physical power is not necessary to continue the possession, as was it
was required to it, through which the continue possession depends rather on the
constant power of reproducing the original relationship at will.
• Animus Possidendi: By animus it is meant the mental element or the intention to
hold the object as owner against all others. In other words, it is a conscious
intention to exclude others from the object. Without this mental element, there can
be no possession. It refers to the intention of the possessor.
KINDS OF POSSESSION

• There are five kinds of possessions. They are:


• Corporeal and Incorporeal Possession
• Mediate and Immediate Possession
• Concurrent or duplicate possession
• Constructive Possession
• Adverse Possession
CONCLUSION

• It can be safely concluded that possession is the most fundamental relation


between a man and a thing, but one of the most difficult concepts of the
field of law. It is a very vast concept consisting of various kinds and modes
of acquisition which deal with the acquisition of res nullis too. It is the prima
facie evidence of ownership and is protected by law through various
possessory remedies like the doctrine of jus tertii and statutory remedies
are also available like section 5 and 6 of the Specific Relief Act, 1963,
section 145 of the Code of Criminal Procedure, 1973,section 47 and 48 of
the Sale of Goods Act, as well as section 167 and 168 of the Indian Contract
Act, 1872. Also, for de jure possession both the elements of corpus and are
necessary, as opposed to de facto possession.

You might also like