“Now we must discuss the _ratio possessionis_. _Usucapio_ in the _jus
civile_ hinges on possession, and ownership by the _jus naturale_ may
take its origin in possession. There are many differences in the ways
of acquiring possession, which must be considered. And since in the
_constitutiones_ and _responsa prudentium_ divers reasons are adduced
regarding possession, my associates have begged that I would expound
this important and obscure subject in which is mingled the _ratio_
both of the civil and the natural law. So I will do my best. First one
must consider what possession is, how it is acquired, maintained, or
lost. Possession (here the author follows Paulus and Labeo in the
_Digest_) is as when one’s feet are set upon a thing, when body
naturally rests on body. To acquire possession is to begin to possess.
Herein one considers both the fact and the right. The fact arises
through ourselves or our representative. It is understood differently
as to movables and as to land; for the movable we take in our hand,
but we take possession of a farm by going upon it with this intent and
laying hold of a sod. The intent to possess is crucial. Thus a ring
put in the hand of a sleeper is not possessed for lack of intent on
his part. You possess naturally when with mind and body (yours or
another’s who represents you) you hold or sit upon with intent to
possess. Corporeal things you properly possess, and acquire possession
of, by your own or your agent’s hand. In the same manner you retain.
Incorporeal things cannot be possessed properly speaking, but the
civil law accords a quasi possession of them.”
Then follows a discussion of the persons through whom another may have
possession, and of the various modes of possessing _longa manu_ without
actual touch:
“It is one thing when the possession begins with you, and another when
it is transferred to you by a prior possessor: for possession begins
in three ways, by occupation, accession, and transfer. You occupy the
thing that belongs to no one. By accession you acquire possession in
two ways. Thus the increment may be possessed, as the fruit of thy
handmaid; or the accession consists in the union with a larger thing
which is yours, as when alluvium is deposited on your land. Again
possession is transferred to you,”
Public-domain text, read in full here on John Shaqi.
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