Tuesday, 6 September 2016

Development of the concept of Possession

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.

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