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Possession is the practical form of ownership. It is first evidence of ownership.
Property that has no owner (res nullius) goes to the first possessor, who gets valid title against all. Example: fish in the sea, birds in the sky. Whoever catches them first, becomes owner. Roman law calls this occupatio.
Property already in someone’s possession:
If another takes it, he gets a good title against all except the true owner.
Even against the true owner, he can keep it until removed by law. Roman law calls this accessio (adverse possession). In this case, there are two owners:
True owner → complete ownership.
Possessory owner → imperfect ownership (based on possession).
If a possessory owner is wrongfully deprived by anyone other than the true owner, that person cannot defend by saying “it does not belong to you” (jus tertii not allowed).
Thus, a possessory owner’s rights are protected against all except the true owner. This ensures peace and order and avoids misuse of force.
Property already in someone’s possession (Easy Version)
If another person takes it, he gets a valid title against everyone except the true owner.
Even against the true owner, he can keep it until removed by law.
Roman law calls this accessio (adverse possession).
👉 In such a case, there are two owners:
True owner → full/complete ownership.
Possessory owner → partial/imperfect ownership (from possession).
If a possessory owner is wrongly deprived by anyone other than the true owner, that person cannot say: “It doesn’t belong to you” (jus tertii not allowed).
Therefore, the possessory owner’s rights are protected against all except the true owner, to maintain peace and order and prevent misuse of force.
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