Tiêu đề English Jurisprudence question No 11..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 11: Define possession. Its kinds. And modes of acquisition of possession? (This question is from 10th topic of the Outline). 1. INTRODUCTION: In English jurisprudence, possession means having control over something, like land or items, but it's different from ownership. Possession is about physical control and intent to use, while ownership is the legal right to possess, use, and dispose of property. Possession can exist without ownership, and vice versa. 2. INTERPRETATION OF TERM POSSESSION: • According to Black’s Law dictionary:
“Something that a person owns or control (Property).” 3. DEFINITION OF POSSESSION: • According to Maine: “Possession is the physical detention coupled with the intention to hold the thing detained as one’s own.” 4. DAIGRAMATICAL INTERPRETATION OF POSSESSION: POSSESSION To Possess State of Having Something Elements Animus Posedendi Corpus Possession 5. REQUISITES OF POSSESSION: • Physical control: There must be actual or potential physical control. • Intention: Physical control must be accompanied by intention. • Visibility: Intention must be visible or evidence by external origin. 6. ELEMENTS OF POSSESSION: In English jurisprudence, possession is a fundamental concept in property law. It refers to the
control or occupancy of property, either land or goods. Here are the important elements of the possession. • Physical Control (Corpus): This means having physical control or holding the property. For instance, if you are holding a book or living in a house, you have physical control over them. • Intention to Possess (Animus Possidendi): This is the intention to control or hold the property. It's not enough just to physically hold or occupy something; you must also intend to possess it. For example, if you find a lost wallet and intend to keep it, you have the intention to possess it. These two elements, physical control and intention to possess, must be present for possession to be legally recognized. 7. CLASSIFICATION OF POSSESSION: • Possession in fact: It is an actual physical possession and is a physical relation to a thing. • Possession in law: It means a possession which is recognized and protected by law. 8. MODES OF ACQUISITION OF POSSESSION: According to Tendon: Possession is acquired when ever there is union of two elements animus and corpus. The loss of either tends to destroy it. There are three modes of acquisition of possession which are as under. A. By Taking: It is done with out the consent of the previous possessor and this may also be in three different ways. I. Rightful Taking:
Rightful taking possession is acquired by the consent of the person already holding that thing. For Example, Shopkeeper gets money, and customer gets possession of the things. II. Original Acquisition: If an article priorly does not belong to someone its taking is known as the original acquisition. For Example, capturing of a wild animal which does not belong to any body. III. Wrongful Taking: If something is taken without the consent of the prior possessor it is known as the wrongful taking of the thing. For Example, stealing a thing. B. By Delivery: In such a case, a thing is acquired with the consent and co-operation of the pervious possessor. 9. KINDS OR TYPES OF POSSESSION: Sure, here's a simple explanation of different kinds of possession, with examples: • Immediate Possession: When a person has direct physical control over an object or property. Example: You are holding a book in your hand. You have immediate possession of the book. • Mediate Possession: When a person has possession through someone else or through an instrument.