Naturalis Possessio is a Latin phrase that describes the act of holding something without the intention of permanent ownership. It occurs when the possessor acknowledges another person’s superior right to the object. The possessor can be a usufructuary, a bailee, or a servant.
Naturalis possessio refers to the temporary holding of a thing, typically under a contract, without any intention of permanent ownership. This type of possession occurs when the possessor acknowledges another person’s superior right to the object. The possessor can be a usufructuary, a bailee, or a servant. For instance, when someone borrows a book from a library, they have naturalis possessio of the book. They hold it temporarily and do not intend to keep it permanently, as the library retains the rightful ownership. Similarly, a farmer who leases land from a landowner has naturalis possessio of the land. The farmer holds it temporarily and has no intention of permanent ownership, as the landowner maintains the superior right to the land. These examples demonstrate naturalis possessio because the holders acknowledge the temporary nature of their possession and recognize someone else’s outstanding right to the object. They do not claim ownership or intend to keep the object permanently.
Naturalis possessio refers to the legal concept of natural possession, which is the physical control or occupation of a property without any legal title or right.
The recognition and treatment of naturalis possessio may vary in different legal systems. It is important to consult the specific laws of your jurisdiction to understand its applicability.
No, naturalis possessio alone does not confer legal ownership of a property. It is a temporary possession without any legal rights or title.
In some cases, naturalis possessio may be used as a defence against eviction if the possessor can prove that they have been in continuous and uninterrupted possession of the property for a significant period of time.
No, naturalis possessio cannot be transferred or inherited as it does not confer any legal rights or title to the property.
In certain circumstances, naturalis possessio can be converted into legal possession if the possessor fulfills specific legal requirements, such as adverse possession laws, which vary by jurisdiction.
Naturalis possessio is subject to limitations, such as the possessor’s obligation to respect the rights of the true owner and not to cause damage to the property.
No, naturalis possessio cannot be used to claim ownership of public property as it is generally limited to private property.
Naturalis possessio is primarily associated with immovable property, such as land or buildings. However, the concept may also apply to certain movable property, depending on the jurisdiction’s laws.
Naturalis possessio refers to physical possession without legal rights or title, while legal possession is backed by legal rights and title to the property. Legal possession provides stronger protection and ownership rights compared to naturalis possessio.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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