Legal Definitions - jus possessionis

Jus possessionis is a legal term referring to the right to maintain possession of something simply because you are currently possessing it. This right arises from the fact of possession itself, rather than from outright ownership. It grants a possessor the ability to defend their current hold over an item or property against anyone who does not have a superior legal claim.

Here are some examples illustrating jus possessionis:

• A Rented Apartment: Imagine a person who rents an apartment. While they do not own the property (the landlord does), their lease agreement grants them the right to occupy and use the apartment. If a stranger attempts to enter or occupy the apartment without permission, the tenant has the jus possessionis to exclude that stranger and continue living there peacefully. Their right to possess the apartment comes from their current occupancy and the terms of their rental agreement, even though they are not the ultimate owner.

• Borrowing a Tool: Consider a situation where you borrow a specialized tool from a friend for a specific project. For the duration of the loan, you have jus possessionis over that tool. This means that if a third party tries to take the tool from you, you have a legal basis to prevent them from doing so, even though your friend is the true owner. Your right to possess the tool is valid against anyone except your friend (the owner) or someone with a better claim.

• Finding a Lost Wallet: If you find a wallet lying on the sidewalk, you acquire jus possessionis over it. This means you have the right to hold onto the wallet against anyone else who might try to claim it, except for the true owner. Until the true owner comes forward, your possession gives you a legal right to keep it, and you can prevent others from simply taking it from you.