This section defines possession as the factual control over property (both immovable and movable) with the exclusion of interference from others. It elaborates on the criteria for establishing such control, considering spatial, temporal, and legal order relationships. The text further explores the legal effects of possession and addresses the doctrinal debate on whether possession constitutes a fact or a right, ultimately aligning with the view that it is a legally significant fact. A comparative law perspective is provided, referencing different jurisdictional approaches, and the distinction between possession and quasi-possession is noted.

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Possession

  • Jianyuan Cui

摘要

This section defines possession as the factual control over property (both immovable and movable) with the exclusion of interference from others. It elaborates on the criteria for establishing such control, considering spatial, temporal, and legal order relationships. The text further explores the legal effects of possession and addresses the doctrinal debate on whether possession constitutes a fact or a right, ultimately aligning with the view that it is a legally significant fact. A comparative law perspective is provided, referencing different jurisdictional approaches, and the distinction between possession and quasi-possession is noted.