Modes of acquisition of Possession
The primary modes of acquiring possession are by taking (occupation), delivery, and operation of law. Taking involves acquiring possession of a thing without a previous possessor or against their will, while delivery is a voluntary transfer of possession from one person to another. Operation of law refers to possession acquired through legal processes or events.
Taking (Occupation):
This involves acquiring possession of a thing without a previous possessor or against their will.
It can be:
Original: When the thing being taken control of had no previous possessor (e.g., finding abandoned property).
Derivative: When a person occupies an object that has a possessor, but against the possessor's will, which is usually a wrongful act.
Delivery:
This is the voluntary transfer of possession from one person to another.
It can be:
Actual delivery: Physically handing over the object.
Constructive delivery: Transferring possession even without a change in physical custody of the goods.
Operation of Law:
Possession is acquired through legal processes or events, such as inheritance, prescription, or court orders.
For example, inheriting property from a deceased person is an acquisition of possession by operation of law.
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