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Legal Definitions - corpus possessionis
Definition of corpus possessionis
Corpus possessionis refers to the physical aspect of possession. It describes the actual, tangible control or custody one has over an item or property. This concept focuses on the observable fact of having something within one's power, as opposed to the mental intention to possess it.
Here are some examples to illustrate corpus possessionis:
Example 1: Imagine a person walking through a park who finds a dropped wallet. They pick it up, hold it in their hand, and place it into their pocket.
Explanation: The act of physically picking up the wallet, holding it, and placing it into their pocket demonstrates corpus possessionis. They have established direct physical control over the wallet, even if they haven't yet decided whether to keep it or turn it in.
Example 2: A farmer cultivates a field, drives their tractor across it, plants crops, and erects fences around its perimeter.
Explanation: The farmer's physical actions—tilling the soil, operating machinery on the land, and building fences—all represent corpus possessionis. These actions show their active, physical control and management of the field, making their possession evident.
Example 3: A librarian is working at the circulation desk of a library, surrounded by thousands of books on shelves throughout the building.
Explanation: While the librarian isn't physically touching every single book, their presence within the library, their ability to access and manage the collection, and their general oversight of the premises establish corpus possessionis over the books. They have effective physical control and custody over the library's inventory by virtue of their position and access to the entire space.
Simple Definition
Corpus possessionis, a Latin term, refers to the physical aspect of possession in law. It signifies the actual physical control, custody, or holding of an object or property, distinguishing it from the mental intent to possess.