Possession (law)

In legal jargon, the term possession (Latin possessio ) is the effective dominion over a thing, even if this rule may not be there legally. , " Holding" means, so that someone has a thing she has in his power, regardless of whether the thing is his property or not, so for example, if the thing is rented or appropriated illegally. In legal jargon, the term ownership often means additionally the will, " this thing to keep it to himself " ( owned will, Latin animus rem sibi habendi ).

Legally, one can express this so that the term refers to an actual state ownership, an " intentional physical control " of a thing. The owner must on the one hand, a close relationship to a thing have, so these have in his power or custody, that is, " actual control of the thing " ( corpus ) have. On the other hand, the owner must also owned a will, that is, have the will, the thing to keep as its own ( possidendi animus, animus rem sibi habendi ). On a legal basis, it is not important here. Even the thief of a thing is its owner according to this definition. The property is an individual right.

This definition is necessary to distinguish between possession and property, since property abstract, by means of a social rule claim, that is, by a monopoly of force by a law, for example by a contract, the power to dispose of any owner to any object also ascribes no direct link between person and thing, and excluding others from the free disposal. For example, if someone lives in Europe and buys a rice field in Japan, this field is not his property, but merely his property.

Other meanings

Colloquially and scientifically outside the legal jargon called " possession " even the things over which one has immediate power of disposal: the have, legally the possession or Sachinbegriff ( mathematically speaking: a " lot " of things ).

Occasionally, " owner " is used when the owner is meant.

Legal situation in individual countries

  • Germany: Owned ( Germany )
  • Austria: Owned ( Austria )
  • Switzerland: Owned ( Switzerland )
  • Liechtenstein: Owned ( Liechtenstein )