Ownership
- The idea of ownership follows the idea of possession.
- The ownership is the de jure recognition of the right over the property.
- Ownership is the subjective and objective. It signifies the externally and internally.
- The right of alienation is an essential characteristic feature of ownership.
- The concept of ownership is used in widest meaning. The owner has the right to consume, destroy and alienate with his free will.
- The residuary power is vested in the owner.
- Ownership is the guarantee of the law.
- Ownership without possession is right, unaccompanied by that environment of fact in which it normally realizes itself.
- Ownership strives to realize itself in possession.
- The ownership is left to seek proprietary remedies.
- A right in rem can be owned and possessed. But a right in personam can only be owned.
- Ownership is a matter of multiple rights.
- First the idea of possession came into existence in the human civilization.
- Possession is the de facto exercise of a claim over the property.
- Possession is the objective realization of ownership. It is the external significance of ownership.
- This right is not seen in possession.
- The concept of possession is narrower in this sense. The possession has limited rights to consume, destroy and alienate.
- The residuary power is not given to possessor.
- Possession is the guarantee of the facts.
- Possession without ownership is the body of fact, uniformed by the spirit of right which usually accompanies it.
- Possession to Endeavour’s to justify itself as ownership.
- The possessor is left with possessory remedies.
- A right in personam can only be owned, and it cannot be possessed.
- Whereas possession in singular, but stronger.
Differences between Ownership and Possession.
Reviewed by Hosne
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