As in the case of
ownership , the concept of possession also has grown gradually in the
course of many centuries. As civilization began to progress , the
people started taking possession of certain objects and thus the idea
of ownership began to grow up.
The struggle for existence was so
bitter that individuals began to take possession of certain objects
and considered them as their own. They began to take pride in the
possession of those things and were not prepared to allow outsiders
to interfere with them. They were determined to exercise continuous
control to the exclusion of all others. From a humble beginning , the
concept of possession and ownership began to grow and much progress
has been made in this connection.
A differentiation has to be made
between jus possidendi or the right of possess. Jus possessionis is
the right of the possessor to continue to possess. It is a right to
remain in possession except against a person who has better title.
Even a robber has the right of possession and only the true owner
can interfere with his possession. If I give something to may servant
to be kept in custody on my behalf , he has physical possession of
the thing but he has no legal right to it. He has the jus
possessionis and not jus possidendi .
This is due to the fact that my
servant has merely the corpus of possession and not the animus or the
intention of exercising control over it.
No comments:
Post a Comment