Ownership and possession in jurisprudence pdf. What is Ownership and Possession 2022-10-09
Ownership and possession in jurisprudence pdf
Ownership and possession are two closely related but distinct concepts in jurisprudence, the study of law. Ownership refers to the legal right to control and use a particular property, while possession refers to the physical control and occupancy of that property. These concepts are important in a variety of legal contexts, including property law, contract law, and criminal law.
In property law, ownership is the most comprehensive and exclusive form of control over a piece of property. It gives the owner the right to use the property as they see fit, to exclude others from using it, and to transfer or sell the property to someone else. Ownership is typically acquired through purchase, inheritance, or gift.
Possession, on the other hand, refers to the physical control and occupancy of property, even if the person possessing it does not have legal ownership. Possession can be actual or constructive. Actual possession refers to physically holding or occupying the property, while constructive possession refers to the ability to control the property through some other means, such as through a key or a remote control.
In contract law, ownership and possession can play a role in determining who has the right to the performance of a contract. For example, if a person contracts to sell a piece of property to another person, the seller has the ownership right to transfer the property, while the buyer has the right to possession once the contract is completed.
In criminal law, ownership and possession can be relevant in determining criminal liability. For example, if a person is found in possession of stolen property, they may be charged with receiving stolen property, even if they do not have legal ownership of the property. Similarly, if a person is found to be in possession of illegal drugs, they may be charged with possession of a controlled substance, even if they do not have legal ownership of the drugs.
Overall, ownership and possession are important concepts in jurisprudence that can have significant legal consequences. Understanding the differences between these concepts and how they apply in different legal contexts is crucial for anyone involved in legal matters.
Ownership and Possession under Jurisprudence
Ownership is absolute in this case. Possession, however, does not grant proprietary rights, but only possessory rights. It also includes intellectual property and encumbrances. Hawkeworth, 1851: The court held that the hundred rupees note found on the floor of a shop passed into the possession of the finder rather than the shopkeeper. It is called as the object or subject matter of the right. Caldwell, onceptual Basis for Land Use Policy, Lynton K.
What is Ownership and Possession
Â The doctrine of res nullis was applied- The doctrine of finder keeper the person who first found it will keep it. Elements of Possession According to Savigny, possession has two essential elements. In this the ownership is absolute. When more than one individual possesses an undivided and vested right in all of them at the same time, this is referred to as co-ownership. For example, in a gift deed a donee to whom the gift is gifted cannot take possession of the gift property but he has vested interest till the death of the donor and his wife. The first point highlights that a person must have some physical touch with whatever he owns to have a reasonable expectation that others will not interfere with it, i.
Concept of possession and ownership
Conclusion- Ownership and possession both are very debatable topic on the time of its origin and right given under both the topic is very debatable between the jurists of many countries. This is a nominal ownership and is not real as it is only for the benefit of the beneficiary. Possession of bailor through bailee is de jure possession on the part of bailor. Possession and ownership may be distinct, but are not entirely exclusive of each other. More cover, possession is prima facie evidence of ownership, and he who would disturb a possessor must show either title or a better possessory right. Ownership, however, is also a social concept, and ownership rights exist against the world in general. The former refers to human beings while later refers to other than human beings, which the law recognises as having duties and rights.
Jurisprudence on the Right of Ownership and Possession
However legal systems impose certain restrictions on some transfer or disposition. . Shebait: Shebait is that person who serves the deity in the temple. The intention to sell that purse was not of the seller and the buying of that purse was not of the purchaser. There are some important points w. To prevent others from interfering with his lawful ownership, the person in possession typically utilizes walls, gates, doors, and locks. Possession in law means possession in the eyes of law it means possession which is authorized and protected by law.
Difference Between Ownership And Possession
It becomes crucial to determine the definitions of both these concepts, since they are very different from each other, and generate different kinds of rights and liabilities, both in general as well as in law. As a result, ownership is the legal acknowledgement of a claim to a specific piece of property. In the current times ownership is neither absolutely with the government nor the power the ownership provides is with the industries. Modes of Acquisition of Ownership There are two modes of acquisition of ownership and they are original and derivative. One of the most recognised artificial person is a corporation. Concept of private property came into existence only after feudalism was done with and dissolved and the military heads had absolute power over his domain which gave way to modern private ownership. As a result, the transfer of property when it is owned, is more difficult than transfer of property when it is merely in possession.
Concepts of Law: Ownership and possession, Personality, Liability, Rights and Duties.
Issue To whom the bundle of notes belongs? The PC in historic case Pramatha Math Mullick vs. The Supreme Court of India has taken a broad view in terms of defining property, and went on to include not only corporeal things such as land and furniture, but also incorporeal property such as copyrights and patents. Contingent ownership implies that the ownership is not absolute but conditional. In case of absolute ownership they had right to sale the property because the person has acquired absolute title over it. By characteristic pattern we mean the consistent and distinctive ways our ideas, feelings and actions are organized. For example, in the event of a mortgage, the landowner retains ownership of the mortgaged property even though he has surrendered a right. I may be possessing it, but I may not be the owner of that pen.
Ownership in Jurisprudence: Meaning, Kinds, Incidents and Relevance in Contemporary Times
Ownership is a de jure recognition of a claim on property. The central role played by common lawyers in shaping the development of the ancient constitution is considered by reference to two of the principal players in Henry IV, Part 2: the Lord Chief Justice and Justice Shallow. In most cases, someone who has de facto possession of something also possesses de jure possession of it. In the event of a promise, the pledgee has ownership of the pledged items, even if he simply wants to keep them in custody as a security to guarantee that his obligation is paid. This case was appealed on the divisional bench and Rod Ressel reserved the judgment and said if you appoint a carpenter to open the cupboard or box, the matter in the box will not be of the carpenter and states that it will be of the plaintiff.
(PDF) Ownership and Possession in the Early Common Law
Law something presumes which may not actually exist. Court further made it clear that Guru Granth Sahib stands on a different footing than the holy books of other religions like Gita, Ramayan, Bible, Quran, etc. In the second Part of the Article, I turn to the modern common law and, using the methods of medieval case law as a mirror, show that the differences between civil law and common law reasoning are more perceived than real. Animus domini means the intention to hold some property in possession. In this sense it is a personal right produced by the regulation of inter-personal relations.