Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

948 POSSESSIO. POSSESSIO.
which are sometimes. The First class compre- Every possession continues so long as the corpusn
hends such cases as those when the detention of a a and the animus continue. (Savigny, p. 339.) If
thing is transferred to an agent (procurator), and both cease or either of them ceases, the possession
the case of a Commodatum. [CosrionDxATuA.] is gone. (Dig. 41. tit. 2. s. 3. 46.) As to the
The Second class comprehends the case of the corpus, the possession is lost, when in consequence
Einphyteuta, which is a Possessio, but only a de- of ally event the possessor cannot operate on the
rivative one, as the Emphyteuta has not the animus thing at his pleasure, as before. In the case of
domini; it also comprehends the case of the cre- moveable things, the possession is lost, when an,
ditor who receives the detention of a pignus by a other person has got hold of them, either by force
contractus pignoris, and with the detention, the Jus or secretly: in the case of immoveable things, it is
Possessionis; but it does not comprehend the case lost when a man has turned another out of the posof a Pignus praetorium, Pignus in causa judicati session; but if in the absence of the possessor, ancaptum, nor a Pactum hypothecae. In the case of other occupies his land without his knowledge, he
a contractus Pignoris, when the thing was deli- does not lose the possession till he attempts to exvered to the creditor, l he had Possessio, that is, a ercise ownership over the land and is prevented by
right to the Interdicts, but not Possessio Civilis, the person then in possession of it, or through fear
that is, the Right of Usucapion. The debtor had does not attempt to recover his possession. The
no Possessio at all, but by virtue of an exception to possession thus acquired by the new possessor is a
a general rule, the usucapion that had been com.. violenta possessio. If the former possessor knows
menced, still continued. The Third class compre- the fact and acquietsces by doing nIothing, he loses
hends Depositum and Precarium. the possession by the animus alone. In the case
The Right of Possession consists in the rioht to of possession being lost by animus alone, it may
the protection of the Interdict [INTERDnCTumi], be effected either expressly or tacitly; the only
and this protection is also extended to Jura in re. thing necessary is that there must be an intentionl
The relation of the Juris quasi possessio to Pos- to give up the possession. The possession is lost
sessio has been already explained. The objects of corpore et aninmo, when the possessor gives up a
this Juris quasi possessio are Personal servitutes, thing to *another to possess as his own.- Il the
Real servitutes, ald Jura in re which do not case of a Juris quasi possessio, as well as in that
belong to the class of Servitutes, of which Super- of Possessio proper, the continuance of the possessio
ficies is the only proper instance. (Sarigny, p. 525.) depends on the corpus and animus together.
In all the cases of Juris quasi possessio, the ac- There can be no Juris quasi possessio without the
quisition and the continuance of the right of pos- animus possidendi; and if there be merely the
session depend on the corpus and animus; and the animsis possidendi, the Juris quasi possessio must
nimnus is to be viewed exactly in the same way cease.
as in the case of possession of a corporeal thing. Possessio can be lost by means of a person who
The exercise of Personal servitutes (particularly represents the Possessori Such person may himusus and ususfructus) is inseparable froml the self acquire the possession by exercising the animusi
natural, possession of the thing; and the posses- possidendi, whena it is accompanied with a sufficient
sion of them is consequently acqusired in the saule ccrporeal act: in the case of moveable things, this
way as the possession of a corporeal thing. As to is furtun; in the case of iIlmoveable things, it is
the Juris quasi possessio of Real Servitutes, there violent dispossession. The possession call be lost
are two cases: either he who has a right to the through the representative, in all cases in which it
Servitus, must do some act, which if he had not would have been lost by the possessor, if there had
the right, he might be forbidden to do (servitus been no representation.
quae icn patiendo consisit); or the owner of property In muany of the systematic expositions of Roman
has no right to do some particular thing, which, if Law, the theory of P'ossessio is treated as introthe right did not exist, he migoht do (servitius quae duetory to the theory of Ownership (Doi:niziuai).
in 0non ficiendcco consistit). As to the first class, The view which has been here given of it, is also
which may be called Positive Servitutes, the not universally acquiesced in, but it is the correct
acquisition of the Juris qusi possessio consists viewv. For instance, Gans in his chapter on Posmerely in doing some act, which is the object of session (System rdes RMnm. Civilrvecits in1z Grundrisse,
the right, and the doing of this act must be for the &c.) begins with the two following sections:purpose of exercising the right. (Dig. 8. tit. 6. ~ 103. Darstellung der verschiedenen herschs. 25.) This rule applies to the Jus Itineris, enden Meinungen Hiber den Besitz. - Der Besitz
Actus, Viae, and others, which are independent of ist kein bloesses Factum, und ensteht nicht als
the possession of any other property by the person Iecht, durch den uImweg des Unrechts.
who claims the Jus. Such an act as the Jus tigni. ~ 104. Der Besitz als das Eigenthum nach der
immittendi, or the driving a beam into the wvall of Scite des bloess besonderen willens.-Anfangendes.
one's neighbour's house, is a right connected with prHsumtives Eigenthuim.
the possession of another piece of property, and the Savigny's view on the contrary is briefly this:
possession of this right consists in the exercise of " Possession is a Fact (Factumn), so far as a nlere
it. As to the second class which may be called factish (untciistical) relation (detentions) is the
Negative Servitutes, the Juris quasi possessio is foundation of it. But Possession is also a Right,
acquired in consequence. of the person whose right so far as rights are connected with the bare existis thereby limited, attempting to do some act con- ence of the relation of Fact. Consequently Possestrary to the right of the person xwho claims the sion is both Fact and Right."
servitus, and meeting with opposition to such act Also-" The only Right arising from bare Posand acquiescing in the opposition. (Dig. 8. tit. 5. session is a Right to the Interdicts "-and " the,s. 6.). This Juris quasi possessio may also be Right to the Interdicts is founded on the fact:of:founded on a legal title, that is, on any juristical the Exercise of Ownership being obstructed wrongtransaction which can give such right. fully, as for instance, by force."