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date: 15 October 2019

Abstract and Keywords

In Roman terms, there is no real equivalent to the modern concepts of “possession”, as present-day laws use them. Possessio may describe the actual control over things that could lead to the acquisition of ownership; the control that made it possible to defend against encroachments by third parties; and the control that could result in the capacity to be sued in an ownership case. Frequently, the use of possessory elements is subordinated to property law. This chapter surveys the development of the law of possession in the late Classical period, when some attempts were made to structure the relevant conceptual instruments in a coherent fashion.

Keywords: possession, detention, corpus, animus, causa, titulus, interdicta

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