Possession (Salmond)
Salmond's definition: 'The possession of the material object to the continuing exercise of a claim is the exclusive use of it.'
The possession of a thing through another person is called mediate possession.
- Possession is the de facto recognition of a claim (ownership being de jure).
- Corpus Possionis: The relation between a person and a thing which he possesses.
- Animus Possidendi: Intention or desire to possess.
- The two elements necessary for the completion of acquisition of possession are: Animus & Corpus.
Modes of Acquisition of Possession:
- By Operation of the Law
- Taking: Rightful Taking, Wrongful Taking, Original Taking
- Delivery:
- Actual Delivery
- Constructive Delivery: Traditio brevi manu, Constitutum Possessorium, Attornment
According to Inheriting, possession is the objective realization of ownership.