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Made By: Hina Shahid
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POSSESSION
INTRODUCTION
Sir Fedrick Pollock’s
“Im Common speech a man is said to
possess or to be in possession of any
thing of which he has the apparent
control or form the use of which he has
the apparent power of excluding
others”
INTERPRETATION OF TERM POSSESSION
1:Literal interpretation
“Possessing”
2:Legal interpretation
“The fact of having or holding property in one’s
power; the existence of dominion over property”
JURISTIC EXPOSITION OF TERM POSSESSION
1:Oliver Webdell Holme’s
View
“To gain possession a man
must otand in a certain
physical relation to the
object and to the rest of the
world and must have certain
intent”
JURISTIC EXPOSITION OF TERM POSSESSION
Holland’sView
“The right of the possessor to
continue to possess is called
the ius possessions. In order
to ascertain what the right
is.if any which results form
possession is which is
recongnized as having legal
consequences”
JURISTIC EXPOSITION OF TERM POSSESSION
3:Bentham’s View
“Defining the concept of
possession is like
defining the goemetric
conception of roundness”
JURISTIC EXPOSITION OF TERM POSSESSION
4:Salmond’s View
“The continuing exercise o
to the a chaim exclusive use
of an objectf”
ELEMANTS OF POSSESSION
Savigny’s View
“Possession Consisted of two
ingredients ,corpus possessions
effective control and animus
domini ,the intention to hold as
owner .Since possession
involved both these elements the
permanent loss of one or the
other brought possession to an
end”
CORPUS POSSESSION
[Latin]Roman law . “The physical aspect of
possession”
“The corpus possessions consists in the
existence of physical power to exclude foreign
interference and secure the thing to one self”
ELEMENTS OF CORPUS POSSESSIONS
a)Relation of the possessor to other Person:
1 The physical power of the possessor
2 The personal presence of the possessor
3 By concealment of a thing
4 By Custom
5 Respect for rightful claims for the manifestation of the animus
domini
6 The Protection afforded by the possession of other things
ELEMENTS OF CORPUS POSSESSIONS
b)Relation of the possessor to the things possessed
“Corporeal content is not the physical element which is involved in
the conception of possession .It is rather the possibilty of dealing
with a thing as we like and of excluding others”
1)Animus possidendi
“The intent to possess thing”
BRIDGES VS HAWKESWORTH
Held :
plantiff as the finder had property in the notes
as against every one but the owner .(1851)21 LTQB
75)
KINDS OF POSSESSION
1 Corporeal possession and Incorporeal Possession
a)Corporeal Possession:
Possession of a material object .
(Black Law Dictionary)
b)Incorporeal possession :
“Possession of something of something other than a material object
such as easement over a neighbour’s land Possessio Juris”
(Black Law Dictionary)
KINDS OF POSSESSION
Madiate and Immediate Possession
a)Madiate possession
“Possession of a thing through some one else such as an agent”
(Black Law Dictionary)
b)Immadiate possession
“Possession that is acquired or retained directly or personally”
(Black Law Dictionary)
KINDS OF POSSESSION
Possession in fact and in law:
a)Possession in fact:
“Actual possession that may or may not be recoqnized by law
possessio naturalis”
(Black Law Dictionary)
b) Possession in Law :
“Possession that is recognized by the law either because it is a
specific type of possession in fact or because the law for some
special reason attributes the advabtages and results of possession
to some one who does not infact possess”(Black Law Dictionary)
KINDS OF POSSESSION
C) Denivative Possession :
“lawful possession by one who does not hold little”(Black Law
Dictionary)
MODES OF ACQUIRING POSSESSION
Taking :
“To help yourself to a thing “
Kinds of taking
1 Original
2 Derivative
Delivery
“Acquistion of possesstion with the consent of previous
owner “
Kinds of Delivery
1 Actual Delivery
2 Construtive Delivery
Kinds of Constructive delivery1 TRADITIO BREVI MANU 2 CONTITUTUM POSSESSORIUM 3 ATTORNMENT
CONCLUTION
Salmond
“The continuing of a claim to the exclusive use of an
object”
THE END