The alleged control of a living person by an entity lacking a physical body. In the Middle Ages, the Christian Church generally saw possession in terms of demonic control, while in other cultures, shamans who appear to be taken over by a different personality may be thought of as being controlled by (often benign) spirits. These days, cases of apparent possession are frequently interpreted as being instances of multiple personality, or indicative of some other disorder.
A person may be in possession of some property (although possession does not always imply ownership). Like ownership, the possession of things is commonly regulated by states under property law. Languages have several means to indicate possession.Control
Control (sometimes called factual possession) means physical control. Generally speaking, things located in a private home are controlled by the people in possession of that home.
Once someone has obtained enough control of a thing to be in possession of it, that control can be relaxed without losing possession. For example, you can go on vacation and still have possession of your home. Possession will be lost if you lose something or throw it away.
Intention to possess
An intention to possess (sometimes called animus possidendi) is the other component of possession. For example, if you intend to possess a suitcase, then you intend to possess its contents, even though you do not know what it contains. It is important to distinguish between the intention sufficient to obtain possession of a thing and the intention required to commit the crime of possessing something illegally, such as banned drugs, firearms or stolen goods.
When people possess places to which the public has access, it may be difficult to know whether they intend to possess everything within those places. In such circumstances, some people make it clear that they do not want possession of the things brought there by the public. For example, it is not uncommon to see a sign above the coat rack in a restaurant which disclaims responsibility for items left there
Importance of possession
Possession is one of the most important concepts in property law. In common law countries, possession is itself a property right. Possession of a thing for long enough can become ownership. In the same way, the passage of time can bring to an end the owner's right to recover possession of a thing.
There may be varying degrees of rights to possession. For example, if you leave a library book at a cafe and the waiter picks it up, you have lost possession. When you return to recover the book, even though the waiter has possession, you have a better right to possession and the book should be returned.
Obtaining possession
Possession requires both control and intention. If someone unknowingly sat on and therefore had control of a $10 note on the seat of a train, he or she could obtain possession by becoming aware of the note and forming the intention to possess it.
Possession acquired by consent
Most property possessed is obtained with the consent of someone else who possessed it. The transfer of possession of goods is called delivery. For land, it is common to speak of granting or giving possession.
A temporary transfer of possession is called a bailment. Bailment is often regarded as the separation of ownership and possession. For example, the library continues to own the book while you possess it and will have the right to possess it again when your right comes to an end. A common transaction involving bailment is a conditional sale or hire-purchase, in which the seller lets the buyer have possession of the thing before it is paid for.
Possession acquired without consent
It is possible to obtain possession of a thing without anyone else's consent. First, you might take possession of something which has never been possessed before. Possession acquired without consent is a property right which the law protects. It gives rise to a right of possession which is enforceable against everyone except those with a better right to possession.
In radical political philosophy
The term "possession" is used by some anarchists, such as Pierre Joseph Proudhon to refer to a right to exclusive use to a thing rather than to property rights. The right of "possession" in this case does not include a right to dispose of a thing as one wishes and is therefore not property.
User Comments Add a comment…