Possession jurisprudence TNDalu

1. POSSESSION
• Possession is an evidence of ownership. Possession" literally
means physical control over a thing or an object.
• In law, possession means it includes not only physical control
over a thing but also an intention to exercise that physical
control.
• Example: A has an article in his hand. In other words, he is
in possession of that article. The person who is in possession
is called a 'Possessor'.

2. Elements of Possession
• 1) Actual power over the object possessed. i.e. corpus
possessionis and
2) Intention of the possessor to exclude any
interference from others. i.e. animus possidendi.
• According to John Salmond, both corpus and animus
(Roman law) must be present to constitute
Possession. Ownership is a legal concept whereas
Possession is factual as well as legal concept.

3. Categories of Possession
• Possession in fact is actual or physical possession. It is
physical relation to a thing.
• Possession in law means possession in the eye of law. It
means a possession which is recognized and protected
by law.

4. two modes of acquiring possession
i) Delivery and ii) Taking.
• Delivery completes voluntary act from one person to
another. The transferor gives actual position to the
transferee. It is usually a lawful mode of possession.
• Taking- Transferee acquires the possession without the
knowledge or consent of the former Possessor of the
thing. It is usually possessio-civilis. It may or may not
be lawful. If it is lawful then it is legal possession.
i.e. possessio-juri.

5. Important kinds of possession
• Corporeal Possession : Those things, which are
having physical or material existence, wherein direct
relationship with the thing, are possible
• Incorporeal Possession : It means Possession of
immaterial or intangible things. These are the things,
which do not have physical existence and therefore
cannot be perceived by our senses.

6. Contd.
• Mediate Possession :
It is the Possession of a thing through another, either
through his friend, servant for agent. As the thing
remains, in possession with another, the possessor has
lesser degree of physical control over such thing.
'X' has a car, which he leaves with his driver. The
possession of the driver will be immediate whereas the
Possession of 'X' will be mediate.

7. Immediate Possession
• It is also called as Direct Possession. Direct or primary
possession by a person over a particular object, which
acquires or gets directly or personally.
• X has a car and he keeps it in his garage, this
constitutes immediate possession.

8. Constructive Possession
• Constructive possession is not actual possession it is a
possession in law and not possession in fact.
• Ex: The delivery of the keys of a building.

9. Adverse Possession
• It means holding the land on his own behalf of some
other person. if adverse possession continues peaceful
and undisturbed for that number of years, he can claim
ownership and the true owner's right( ownership) gets
extinguished.

10. 1.What does jurisprudence mean?
2.Jurisprudence is derived from Latin term, yes or no?
3.What are all the parts of jurisprudence?
4.Who defined jurisprudence as lawyers’ extraversion?
5.Who defined jurisprudence as formal science of
positive law?

11. 1.Who said jurisprudence is knowledge of just and unjust?
2.Keeton describes jurisprudence as systematic arrangement of
general principles of law. State true or false
3.Who defined jurisprudence as any thought or writing about
law rather than technical exposition of branch of law itself?
4.What is sociology?
5.What is psychology?

12. 1.Name any one of the legal concepts
2.What do you understand by the term legal theory?
3.Is legal theory and jurisprudence one and the same?
4.How jurisprudence is different from legal theory?
5.The philosophers who analyse the concepts of law and
provide it as jurisprudence are called?

13. 1.Is jurisprudence related to other branches of science?
2.Who found the term legal theory?
3.Who is father of jurisprudence?
4.Who is father of English jurisprudence?
5.Ancient Rome and Greece people were considered as
the first people to study law, yes or no?

14. • What are the various sources of law
• Explain about ratio decidendi and obiter dicta