Legal Definitions - quomodo desiit possidere

Quomodo desiit possidere is a Latin legal phrase that translates to "in what way he ceased to possess." In legal contexts, particularly when someone is trying to reclaim property, this term refers to the requirement for that person to explain the specific circumstances under which they lost possession of the item. It's not enough to simply state that they once owned or held the property; they must detail how it left their possession.

This concept is crucial because the manner in which possession was lost often determines the legal rights and remedies available to the original owner.

• Example 1: Stolen Artwork

  Imagine an art collector whose valuable painting is stolen from their home during a burglary. When the painting is later recovered by the police and the collector seeks to have it returned, they must explain that they ceased to possess the painting because it was taken without their consent through theft. This explanation of "how" they lost possession (the burglary) is their quomodo desiit possidere.

• Example 2: Misplaced Jewelry

  Consider a person who accidentally leaves a diamond ring on a hotel sink and checks out, only realizing it's missing hours later. If the ring is found by hotel staff and the owner comes forward to claim it, they would need to explain that they ceased to possess the ring due to inadvertent misplacement or forgetfulness, rather than it being stolen or given away. This act of accidental loss is their quomodo desiit possidere.

• Example 3: Property Lost Through Deception

  Suppose a small business owner is tricked by a scammer into "lending" their specialized manufacturing equipment for a supposed joint venture that never materializes. When the owner seeks to recover the equipment, they must explain that they voluntarily transferred possession, but did so under false pretenses and fraudulent inducement. The act of being deceived into parting with the equipment constitutes their quomodo desiit possidere, detailing the specific way they ceased to possess it.