Summary of Chapters XIII. and XIV

Possession	In fact—possessio naturalis.
	In law—possessio civilis.
Possession in law	Seisin
	Possession.
Possession	Corporeal—possessio corporis—Sachenbesitz.
	Incorporeal—possessio juris—Rechtsbesitz.
Corporeal possession—the continuing exercise of a claim to the exclusive use of a material thing.
Elements of corporeal possession	Animus sibi habendi.
	Corpus.
Animus sibi habendi:
1. Not necessarily a claim of right.
2. Must be exclusive.
3. Not necessarily a claim to use as owner.
4. Not necessarily a claim on one’s own behalf.
5. Not necessarily specific.
Corpus—the effective realisation of the animus in a security for enjoyment.
Elements of the corpus:
1. A relation of the possessor to other persons, amounting to a security for their non-interference.
The grounds of such security:
1. Physical power.
2. Personal presence.
3. Secrecy.
4. Custom.
5. Respect for rightful claims.
6. Manifestation of the animus.
7. Protection afforded by other possessions.
The rights of a finder.
2. A relation of the possessor to the thing possessed, amounting to a security for the use of the thing at will.
Possession	Immediate—without the intervention of another person.
	Mediate—through or by means of another person.
Mediate possession	1. Through servants or agents.
	2. Through bailees or tenants at will.
	3. Through persons claiming temporary possession for themselves.
The relation between the mediate and the immediate possessor.
The exclusiveness of possession.
Exceptional instances of duplicate possession:
1. Mediate and immediate possession.
2. Possession in common.
3. Corporeal and incorporeal possession.
The acquisition of possession:
	1. Taking
	2. Delivery	Actual
		Constructive	Traditio brevi manu.
			Constitutum possessorium.
			Attornment.
Possession not essentially the physical power of exclusion.
Incorporeal possession:
Its nature—the continuing exercise of any claim, save one to the exclusive use of a corporeal thing.
Its relation to corporeal possession.
The generic conception of possession.
The relation between possession and ownership.
Possession the de facto exercise of a claim.
Ownership the de jure recognition of one.
The identity of the objects of ownership and possession.
Exceptions:
1. Things which can be possessed, but cannot be owned.
2. Things which can be owned, but cannot be possessed.
Possessory remedies.
1. Their nature.
2. Their objects.
3. Their exclusion from English law.

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