Britannica.com: Encyclopedia article on possession “Real possession is what most of us consider possession, that is, having physical custody or control of an object” (United States v. Nenadich, 689 F.Supp. 285 [N.Y.S. 1988]). Real possession, sometimes called possession, is used to describe immediate physical contact. For example, a person wearing a watch has actual possession of the watch. Similarly, if you have your wallet in your jacket pocket, you actually have possession of your wallet. However, this type of possession is necessarily very limited. Often, a set of facts clearly shows that a person is in possession of an object but has no physical contact with it. In order to deal appropriately with these situations, the courts have expanded the scope of possession beyond actual possession.
Over the past thirty years, civilization has rapidly taken possession of this beautiful region. He was charged with criminal possession of weapons and sentenced to 15 years in prison. The interval between possessions and hell was short,” he says, “although I admit it was wonderful. Implied possession is a legal theory used to extend possession to situations where a person does not have practical custody of an object. Most courts say that implied possession, sometimes referred to as “possession in law,” occurs when a person has knowledge of an object and has the capacity to control it, even if they have no physical contact with it (United States v. Derose, 74 F.3d 1177 [11th Cir. 1996]). For example, people often keep important papers and other valuables in a safe. Although they do not have actual physical custody of these items, they are aware of them and have the ability to exercise control over them. Thus, under the doctrine of implied possession, they are still considered to be in possession of the contents of their record. Implied possession is often used in cases of criminal possession. When he took possession of the microphone, he shouted out of the line of defense.
Cases such as this one from Missouri state that “possession is defined as the imprisonment and control, or manual or ideal custody, of anything that may be the object of property for its own use and pleasure, either as owner or as the holder of a qualified right in it, and personally or by another person exercising it in his place and on his behalf.” The day before his death, he crossed the courtyard in full possession of all his mental and physical abilities. n. Objects, objects, assets or property that one owns, inhabits, holds or has under control. “Implied possession” includes assets that are not immediately held, but can be possessed and preserved (e.g., a key to a storage room or a locker). “Criminal possession” is the possession by a minor of property that is unlawfully possessed, such as controlled narcotics, stolen property or alcohol. The old adage “possession is nine-tenths of the law” is a rule of force, not the law, since property requires both the right to possession and actual or implied possession. (See: clean) The Missouri Valley has produced some of the best mid-majors in the country over the years, and in terms of efficiency measures per possession, this Loyola team can play with all of them. Federal and state laws make possession of many dangerous or unwanted objects punishable. For example, Section 5861 (1996) of 26 U.S.C.A.
prohibits the possession of certain firearms and other weapons. Similarly, possession of other items deemed harmful to the public, such as narcotics, burglary tools and stolen property, is punishable under various laws. Criminal possession, particularly of drugs, has been a major source of controversy. Making possession a crime allows arrests and convictions without proving the use or sale of a prohibited item. The myriad distinctions between possession and possession, and the many nuances of possession, are complicated even for lawyers and judges. To avoid confusion about what exactly is meant by possession, the word is often modified by adding a term that describes the type of possession. For example, possession may be real, harmful, conscious, constructive, exclusive, illegal, common, legal, physical, alone, superficial, or of several other types. Often these modifiers are combined, as in “joint constructive property”. However, all of these different types of possession flow from what the law calls “actual possession.” 1. Name, singular or mass This does not mean that the person claiming title by usufruct must sue the holder of the title. As soon as you cross half the field of possession, you forget it, you are on the next one.
POSSESSION, intern. Law. Possession refers to land held by no title other than simple conquest. 2. In this sense, possession is distinct from a dependency which rightfully belongs to the land which governs it; and the colony, which is a country populated by citizens or subjects of the mother country. 3 Lav. C. C. R. 286. Although the two terms are often confused, possession is not the same as possession. There is no legal rule that says that “possession is nine-tenths of the law,” but this phrase is often used to indicate that someone who owns an object is most likely its owner.
Similarly, people often refer to the things they own, such as clothes and dishes, as their possessions. However, the owner of an object does not always own it. For example, the owner of a car could lend it to someone else to drive. This driver would then own the car. However, the owner does not abandon the property by simply lending the car to someone else. POSSESSION, ownership. The possession or enjoyment of anything that a person owns or practices alone, or through another person who holds or practices it on their behalf. Through the possession of a thing, we always understand the state in which not only the own manipulation of the thing is physically possible, but the manipulation of any other person can be excluded with it.
Thus, the sailor owns his ship, but not the water in which he moves, although he submits each to its end. 2. To complete a possession, two things are required. 1st edition. Whether there is an occupation, a concern or an ingestion. 2. That ingestion is with the intention of possession (animus possidendi), so people who have no legal will cannot possess or acquire possession as children and idiots. Poth. h.
Il.; Etienne, h.t. See Sea. R. 358; Abbott on the ship. 9 et seq. · But a sufficiently understanding child can legally come into possession of something. 3. Possession is natural or civil; Of course, if a man clings to a physical thing, for example, by occupying a house, cultivating land, or keeping a movable object in his custody; Possession is civil when a person ceases to reside in the house or land in which he or she lived or retains the movable property he or she owned, but without the intention of relinquishing possession.
On land ownership, see 2 Bl. Com. 116; Hamm. parties, 178; 1 McLean`s R. 214, 265. 4. Possession is also real or implied; In fact, if the thing is in the immediate occupation of the party. 3 Dey. No. 34. Constructive, when a man claims to hold by virtue of a title without having the actual occupation of it; Because if the owner of a regularly planted plot of land is in possession of a part, he is considered constructive in possession of the whole. 11 Vern.
No. 129. What distance from the property or loss of possession is sufficient to justify theft, see 2 Chit. Cr. Law, 919; 19 lawyers, 14; Etienne, h.t. Civ. Codex de Louis. 3391, ff. 5. In civil law, possession is divided into natural law and civil law. The same division is adopted by the Louisiana Civil Code. 6.La natural possession is that by which a person holds a physical thing, for example by occupying a house, cultivating a land, or keeping a movable thing in his possession.
Natural possession is also defined as the physical possession of an object that we possess as belonging to us, without any claim to such possession or with null title. Code civ. by Lo. 3391, 3393. 7. Possession is civil when a person ceases to live in a house or land he occupied or retains the movable property he owned, but without intending to renounce possession therein. It is the custody of a thing, by virtue of a just title and under the conviction of owning as owner. 3392, 3394. 8.
Possession applies only to tangible property, movable and immovable. The possession of intangible rights, such as serfdom and other such rights, is only a quasi-acquired. Possession and is exercised by a type of possession to which these rights are sensitive. 3395. 9. Possession may be enjoyed by the owner of the thing or by another for him; Thus, the owner of a house owns it from his tenant or farmer. 10. To come into possession of property, two things are required.
1. The intention to possess as owner. 2. Physical possession of the thing. 3399. 11. Possession is lost with or without the owner`s consent. He is lost with his consent, 1. If he transfers this property to another, with the intention of parting with it. 2. When he performs an act that expresses his intention to renounce possession, such as when a man throws furniture or clothes into the city that he no longer wants to use.
Article 3411 The owner of an estate loses possession against his consent. 1. When another drives him away, either by force to expel him, or by usurping possession during his absence and preventing him from entering. 2. If the owner of an estate permits it to be usurped and held for one year without having performed any act of possession or hindered the possession of the usurper during that period. 3412. 12. On the effects of buyer possession, see Sugd. Sell.
8, 9; 3 pp. Wms. 193; 1 ves. Jr. 226; 12 ves. Jr. 27; 11 ves. Jr. 464.
Empty, usually, 5 Harr. and John.