Ownership and possession in jurisprudence pdf. What is Ownership and Possession 2022-12-10

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Ownership and possession are two closely related but distinct concepts in jurisprudence, the study of law. Ownership refers to the legal right to control and use a particular property, while possession refers to the physical control and occupancy of that property. These concepts are important in a variety of legal contexts, including property law, contract law, and criminal law.

In property law, ownership is the most comprehensive and exclusive form of control over a piece of property. It gives the owner the right to use the property as they see fit, to exclude others from using it, and to transfer or sell the property to someone else. Ownership is typically acquired through purchase, inheritance, or gift.

Possession, on the other hand, refers to the physical control and occupancy of property, even if the person possessing it does not have legal ownership. Possession can be actual or constructive. Actual possession refers to physically holding or occupying the property, while constructive possession refers to the ability to control the property through some other means, such as through a key or a remote control.

In contract law, ownership and possession can play a role in determining who has the right to the performance of a contract. For example, if a person contracts to sell a piece of property to another person, the seller has the ownership right to transfer the property, while the buyer has the right to possession once the contract is completed.

In criminal law, ownership and possession can be relevant in determining criminal liability. For example, if a person is found in possession of stolen property, they may be charged with receiving stolen property, even if they do not have legal ownership of the property. Similarly, if a person is found to be in possession of illegal drugs, they may be charged with possession of a controlled substance, even if they do not have legal ownership of the drugs.

Overall, ownership and possession are important concepts in jurisprudence that can have significant legal consequences. Understanding the differences between these concepts and how they apply in different legal contexts is crucial for anyone involved in legal matters.

Jurisprudence on the Right of Ownership and Possession

ownership and possession in jurisprudence pdf

However, the exclusion may not be absolute. For example, in the event of a mortgage, the landowner retains ownership of the mortgaged property even though he has surrendered a right. However, as in the case of South Staffordshire Waterworks Co. Without the intention to hold property in possession, there can be no possession in reality, i. It is called as the object or subject matter of the right. For example, if a person owns a piece of land, he may build a house on it, use it as a garden or may simply leave it as it is. It is the ownership of tangible things which can be perceived by the senses.

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What is Ownership and Possession

ownership and possession in jurisprudence pdf

But the privy council in the case of Masjid Shahid Ganj Case, 1940 held that the mosque is not an artificial person in the eyes of the law, so no suit can be brought by a mosque or against a mosque. Definition of a Legal Person Salmond- A person as any being to whom the law regards as capable of rights or duties. Division of possession- Possession is divided into two categories 1. The one point where Austin is criticised is that according to him, ownership is a single right, whereas other jurists claim that ownership is a bundle of rights, and the notion that ownership rights exist for an indefinite period of time is very problematic because when right can be extinguished or taken away only depends upon time. For example, a tenant has the possession of a house but does not have the legal ownership. Trust and Beneficial Ownership — Both ownerships are found in a trust involving a trust property.

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(PDF) Ownership and Possession in the Early Common Law

ownership and possession in jurisprudence pdf

Civil Liability: Liability in civil proceedings with a purpose of enforcement of rights vested in plaintiff. Duties: A duty is an act which one ought to do. The person who has been harmed can institute a lawsuit and recover from any or all of the wrongdoers—but cannot receive double compensation, for instance, the full amount of recovery from each of two wrongdoers. Austin definition of ownership has been followed by Holland and he defined it as plenary control over an object. Possession may create ownership, either by oeeupatio the taking control of a res mulli-is or by the expiration of a period of acquisitive prescription. They are also called juridical, conventional, imaginary, and they have rights and obligations as natural person.


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Concept of possession and ownership

ownership and possession in jurisprudence pdf

For example- Before the 5. The major difference between ownership and possession is that ownership is a greater right than possession. Pratyuman Kr Mullick held that an idol is a legal person, and the next friend represents it. It must imply the possibility of bodily control, as well as a desire to exert such power. It is the outward form in which claims are most commonly manifested. On the other hand, the landlord has the legal rights of ownership and indirect possession of the house. Over the course of time, ownership and possession came to be defined as separate concepts, and have separate places in property law.

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Ownership in Jurisprudence: Meaning, Kinds, Incidents and Relevance in Contemporary Times

ownership and possession in jurisprudence pdf

Possession in law means possession in the eyes of law it means possession which is authorized and protected by law. Modern definition All of the preceding, i. According to Ihering, a person who is in possession is the owner, and a person exercising ownership need not prove his title against someone who is in possession of property unlawfully. In Roman law, possession indicates ownership, i. Ownership is absolute in this case. An idol can be treated as a unit of assessment for assessing its liability under the Income Tax Act. Such items are referred to be res nullius, and ownership can be acquired through possession.

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Difference Between Ownership And Possession

ownership and possession in jurisprudence pdf

According to Salmond, a corpus possessionist has two sorts of relationships:                 1 The relationship with the object on which possession is claimed, and                  2 Relationship with other people who are not included Salmond defines possession as the continual exercise of a claim to exclusive use of it. The ownership of the key or the box suggests that the owner intends to use the money exclusively. Ownership is the guarantee of the law, possession is the guarantee of facts. They are persons only in the eyes of law. Right of user 2. Ownership may mean different things to different people but what does not change is the fact that along with the rights attached comes liability, obligations, duties toward others and society in general.

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Ownership and Possession under Jurisprudence

ownership and possession in jurisprudence pdf

Case laws Merry v. Possession is comparatively simple and just a temporary control of a material object. This does not absolve him of his ownership. Get Complete Mains PDF Added to cart Prelims CurrentAffairs StateGK CONCEPTS OF LAW: OWNERSHIP The idea of ownership developed by slow degrees with the growth of civilization. It is the most fundamental interaction between man and things, according to Salmond. As a result, owning land entitles you to own everything is on or under it.

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Concepts of Law: Ownership and possession, Personality, Liability, Rights and Duties.

ownership and possession in jurisprudence pdf

To prevent others from interfering with his lawful ownership, the person in possession typically utilizes walls, gates, doors, and locks. It is important to note that when a person owns a receptacle, such as a box, cabinet, or envelope, he also owns the contents of that receptacle. When someone puts money in a box and locks it, he is considered to be in possession of the money until the box or the key to the box is in his possession. The pledgee has ownership of the pledged objects in the event of a promise, even if he only wants to retain them in custody as a security to ensure that his obligation is paid. The first point highlights that a person must have some physical touch with whatever he owns to have a reasonable expectation that others will not interfere with it, i. In case of absolute ownership they had right to sale the property because the person has acquired absolute title over it.

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ownership and possession in jurisprudence pdf

Rule of equity helps here as A is the legal owner but he holds the shares as a trustee of B. Possession of a right, in contrast to the de jure connection of ownership, is the de facto relationship of ongoing exercise and enjoyment. Every legal right has the following basic characteristics: — 1. For example, when you rent an apartment you have possession of the space within the rental and various related rights to come and go, park in the lot, etc. From the above definition, we find three elements:- 1. Possession in facts means the person have actual or physical possession over a goods. Possession may not be protected and recognized by law.

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