Differences between Ownership and Possession.

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. 
Possession.


  • 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. Differences between Ownership and Possession. Reviewed by Hosne on 12:32 AM Rating: 5

No comments:

Powered by Blogger.