Animus possidendi: reflections about the nature of the intentional element of possession Cover Image
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Animus possidendi: reflecţii asupra naturii elementului intenţional al posesiei
Animus possidendi: reflections about the nature of the intentional element of possession

Author(s): Sebastian Boţic
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: animus sibi habendi; animus domini; common law; French law; German law; Jhering; Savigny; possession;

Summary/Abstract: The mental element is by far the most exciting and fascinating element in possession. This article looks at the ways in which it manifests itself in various legal systems to fully understand the special nature that it imposes on national law. The Savigny-Jhering dispute, an old but seemingly neverending disagreement that has yet to exhaust its entire arsenal and growing fascination, will be the starting point for a new classification of animus possidendi. Finally, it will be revealed that from the vantage point that our national approach to the animus can provide, it is virtually impossible to lose possession by its evanescence.

  • Issue Year: 2019
  • Issue No: 01
  • Page Range: 399-421
  • Page Count: 23
  • Language: Romanian