Posesia în dreptul roman: evoluţia lui animus până în vremea lui Iustinian
Possession under the Roman law: the evolution of animus up to the time of Justinian

Summary/Abstract: Even thought the ancient Greeks, more often than not, rightly assumed the importance behind the physical control of things, the birthplace of modern-day possession is undoubtedly Roman law. The present study targets the volitional element encompassed in the very fabric of possession, in an attempt to show the subtle changes that took place there and that they are still affecting the way we presently relate to this legal institution. In order to fully appreciate the mutations that made possession what it is today we will address its categories and actual existence stages, referring to the means we acquire, preserve and eventually lose it. Legal methods of protection are also relevant for the broader understanding of the subject, together with the dynamic evolution of the possession made evident throughout the history of Rome. Finally, our struggle is with the animus and the manner it evolved in a permanent scuffle with its counterpart, corpus, sometimes moving alongside it, in harmony, but other times insidiously infusing its own substance upon it.

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