Legal Definitions - naturalis possessio

Naturalis possessio, a Latin term, refers to the simple physical control or custody of an item. It describes the factual state of holding something, rather than the legal right to it or the intention to act as its owner. Essentially, it means having an object in your hands or under your direct control, even if you don't own it and don't intend to claim ownership.

Here are some examples to illustrate this concept:

• The Rental Car Driver

  Imagine a person who rents a car for a week-long vacation. They have the keys, drive the car, and keep it parked at their hotel. This individual has naturalis possessio of the car because they have direct physical control over it. However, they do not own the car, nor do they intend to claim ownership; they are merely using it temporarily under a rental agreement. The legal ownership remains with the rental company.

• The Repair Shop Mechanic

  Consider a car owner who takes their vehicle to a mechanic for repairs. The mechanic keeps the car in their garage for several days while working on it. The mechanic exercises naturalis possessio over the car. They have physical custody and control of the vehicle during the repair period. However, they do not own the car, nor do they intend to; their control is solely for the purpose of performing the agreed-upon service.

• The Office Employee and Company Laptop

  An employee is provided with a company laptop for work purposes. They use it daily, take it home, and are responsible for its care. The employee has naturalis possessio of the laptop. They have physical control and use of the device. However, the laptop remains the property of the company, and the employee does not intend to claim personal ownership; their possession is solely for the duration of their employment and work tasks.