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Simple English definitions for legal terms
possessio
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A quick definition of possessio:
Possessio is when someone has control over something that they intend to control. It can refer to actual possession of real property or goods, or legal possession accompanied by an intent to hold it as one's own. Possessio can be in good faith or bad faith, and can be limited by recognition of another person's outstanding right. It is important in Roman law and can have implications for inheritance and succession.
A more thorough explanation:
POSSESSIO
Possessio refers to the de facto control of a thing that the holder intends to control. It can also refer to the actual possession of real property, implying either actual occupancy or enclosure or use.
Examples:
- Pedis possessio: This refers to a foothold or an actual possession of real property, implying either actual occupancy or enclosure or use. For example, if someone has built a fence around a piece of land and is using it for farming, they have pedis possessio of that land.
- Possessio bona fide: This refers to possession in good faith. For example, if someone buys a car from a dealership and has no reason to believe that it was stolen, they have possessio bona fide of that car.
- Possessio mala fide: This refers to possession in bad faith, as by a thief. For example, if someone steals a bike and keeps it for themselves, they have possessio mala fide of that bike.
These examples illustrate how possessio can refer to both the actual control of a thing and the intent behind that control. Possessio can be legal or illegal, depending on the circumstances.