Jurisprudence on the Right of Ownership and Possession

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Right in ownership and possession

Introduction- The concept of ownership and possession is one of the fundamental juristic concepts common to all systems of law. This concept of ownership has been discussed by most of the writers before that of possession. However, it is not the right method. The idea of possession came first in the minds of people and it was later on that the idea of ownership came into existence. The idea of ownership and possession developed with the development of the civilization in the world. When people are going from one place to other place so on that time they don’t have this concept but when they stay in one place and live in the group, plants tree, cultivate land, use land for production and live in the community so the concert of ownership and possession came. According to some person the development of agriculture economy developed the idea of ownership but first the concept of possession came in the mind of the people then they think about the concept of ownership and developed the mechanism for ownership of the things. The concept of ownership was very old in all common law system all jurist discus the concept of possession and ownership and give their view on that point. The disputes arise that which concert came first? Ownership or possession. According to historical school of jurisprudence the concert of possession came first and then after ownership come into existence, means the idea of ownership followed the idea of possession. Ownership is a complex juristic concept which has its origin in the Ancient Roman Law. In Roman law ownership and possession were respectively termed as ‘dominium’ and ‘possessio’. The term dominium denotes absolute right to a thing while possessio implied only physical control over it. In Roman law people gave more importance to ownership because in their opinion it is more important to have absolute right over a thing than to have physical control over it and same concept we are adopting in today’s world when the ownership of a goods is more important the possession because possession can shifted for one to other but ownership remain the hand of the same person because change the ownership of goods take some legal formalities and it’s a difficult task in present era. Concept of ownership- The definition of ownership is expended by two jurist Austin and Salmon. According to one view, ownership is a relation which subsists between a person and a thing which is the object of ownership and other view said that ownership is a relation between a person and a right that is vested in him. Austin in his view said that ownership is “A right indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration.” He consider right to property as Right to rem which claim against the whole world.

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