Possessio refers to the state of having control over something with the intention to control it. This can pertain to physical possession of tangible property or goods, as well as legal possession accompanied by the intent to claim it as one’s own. Possessio can be characterized as either in good faith or bad faith, and may be restricted by the acknowledgment of another individual’s superior right. In Roman law, possessio holds significant importance and can impact matters of inheritance and succession.
Possession refers to the effective control of something that the holder intends to control. It can also refer to the physical possession of real property, indicating either actual occupancy, enclosure, or use. Examples include:
– Pedis possessio: This refers to having a foothold or physical possession of real property, indicating either actual occupancy, enclosure, or use. For instance, if someone has constructed 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 purchases a car from a dealership without any reason to believe it was stolen, they have possessio bona fide of that car.
– Possessio mala fide: This refers to possession in bad faith, such as by a thief. For instance, if someone steals a bike and keeps it for themselves, they have possessio mala fide of that bike.
These examples demonstrate how possession can encompass both the actual control of something and the intention behind that control. Possession can be lawful or unlawful, depending on the circumstances.
No, it is illegal to possess someone else’s property without their consent. This is considered theft or trespassing, depending on the circumstances.
The possession of controlled substances is generally illegal unless you have a valid prescription or are authorized by law to possess them. Possession of illegal drugs can lead to criminal charges.
In many jurisdictions, it is illegal to possess a firearm without the necessary licenses and permits. Each jurisdiction has its own specific laws regarding firearm possession, so it is important to familiarize yourself with the regulations in your area.
No, it is illegal to possess copyrighted material without the permission of the copyright holder. This includes books, music, movies, and other forms of intellectual property.
No, possessing someone else’s personal information without their consent is a violation of their privacy rights and can be illegal. This includes things like identity theft or unauthorized access to someone’s financial or personal records.
Possessing a fake ID is illegal in most jurisdictions. It is considered fraud and can lead to criminal charges.
No, it is illegal to possess someone else’s mail or packages without their permission. This is a violation of federal law and can result in criminal charges.
Possessing stolen property, even unknowingly, can still be illegal. It is important to exercise caution when acquiring items and to report any suspicions of stolen property to the authorities.
No, possessing someone else’s confidential information without their consent is a violation of their privacy rights and can be illegal. This includes things like trade secrets, confidential business information, or personal information.
No, possessing someone else’s intellectual property without their permission is a violation of copyright or trademark laws. This includes things like using someone else’s logo, artwork, or written content without authorization.
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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