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In law, possession is the control a person intentionally exercises toward a thing. Like ownership, the possession of anything is commonly regulated under the property law of a jurisdiction. In all cases, to possess something, a person must have an intention to possess it as well as access to it and control over it.
1. In French-law-based systems, refers only to those sources of subjective law that are human-made and voluntary (vs. factum iuridicum); 2. In German-law-based systems, encompasses all sources of subjective law, be they human-made or not, voluntary or not. See also negotium iuridicum. ad quantitatem: by the quantity
"Abuse of Rights in France, Germany, and Switzerland: A Survey of a Recent Chapter in Legal Doctrine". Louisiana Law Review. 35 (5): 1016– 36. Michael Byers. “Abuse of Rights: An Old Principle, A New Age”, McGill Law Journal 47 (2002): 389–431. David Johnson. “Owners and Neighbours: From Rome to Scotland”, in The Civil Law Tradition ...
Virtually every state has some form of an adverse possession law on its books, often dating back more than a hundred years as a way for pioneers to continuously squat on land, improve the land ...
In his 1881 text "The Common Law", Oliver Wendell Holmes describes property as having two fundamental aspects. [citation needed] The first, possession, can be defined as control over a resource based on the practical inability to contradict the ends of the possessor. The second title is the expectation that others will recognize rights to ...
The right of possession is the legitimacy of possession (with or without actual possession), evidence for which is such that the law will uphold it unless a better claim is proven. The right of property is that right which, if all relevant facts are known (and allowed), defeats all other claims.
Also, if the rental company missed payments to the lienholder, the lienholder could also repossess the vehicle from the person having possession. I purchase a pen at a store. I have all three attributes (possession, right of possession and right of property). If I loan the pen to someone, they have only possession.
In law, a human person is called a natural person (sometimes also a physical person), and a non-human person is called a juridical person (sometimes also a juridic, juristic, artificial, legal, or fictitious person, Latin: persona ficta). Juridical persons are entities such as corporations, firms (in some jurisdictions), and many government ...