Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Adversus extraneos vitiosa possessio prodesse solet
Possession though faulty is usually sufficient against outsiders. ( Prior possession is a good title of ownership against all who cannot show a better.
Bona fide possessor facit fructus consumptos suos
A possessor in good faith is entitled to the fruits (or produce) that he consumes.
Bonae fzdei possessor in id tantum quod ad se pervenerit tenetur
A possessor in good faith is liable only for that which he himself has obtained (literally, what has come to him). 2 Co. Inst. 285.
Catalla juste possessa amitti non possunt
Chattels rightly possessed cannot be lost.
Cum par delictum est duorum, semper oneratur petitor, et melior habetur possessoris causa
Where two parties are equally at fault, the claimant always is at the disadvantage, and the party in possession has the better cause.
Disseisinam satin facit qui uti non permittit possessorem, vel minus commode, licet omnino non expellat
A person commits disseisin if he does not permit the possessor to enjoy, or makes the possessor's enjoyment less useful, even if the disseisor does not expel the possessor altogether. Co. Litt. 331.
Donatio perlcitur possessione accipientis
A gift is rendered complete by the possession of the receiver.
Duorum in solidum dominium vel possessio esse non potest
Ownership or possession in entirety cannot belong to two persons.
In pari causa possessor potior haberi debet.
When two parties have equal claims, the possessor should be considered the stronger.
Longa possessio est pacis jus.
Long possession is a right of peace.
Longa possessio jus parit
Long possession begets a right.
Longa possessio parit jus possidendi et tollit actionem vero domino
Long possession produces the right of possession and deprives the true owner of his action.
Non possessori incumbit necessitas probandi possessiones ad se pertinere
It is not incumbent on the possessor of property to prove that his possessions belong to him.
Non valet confirmatio, nisi ille, qui confirmat, sit in possessione rei vel juris uncle fieri debet confirmatio; et eodem modo, nisi ille cui confirmatio fit sit in possessione
Confirmation is not valid unless the person who confirms is in possession either of the thing or of the right of which confirmation is to be made, and, in like manner, unless that person to whom confirmation is made is in possession.
Nul charter, nul vente, ne nul done vault perpetualment, si le donor West seine al temps de contracts de deux droits, sc. del droit de possession et del droit de proper ite
No grant, no sale, no gift, is valid foreveunless the donor, at the time of the contract, i seised of two rights, namely, the right of T);, session and the right of propert
Possess
vb. To have in one's actual control; to have possession of. - possessor, n.
Possessio
[Latin] The de facto relation between the holder of a thing and the thing itself.
Possessio est quasi pedis position
Possession is, as it were, the position of the foot.
Possessio fratris de feodo simplici facit sororem esse haeredem
Possession by the brother in fee simple makes the sister an heir.
Possessio pacifica per annos 60 facit jus
Peaceable possession for 60 years gives a right.
Possession
n. 1. The fact of having or holding property in one's power; the exercise of dominion over property. 2. The right under which one may exercise control over something to the exclusion of all others; the continuing exercise of a claim to the exclusive use of a material object. 3. (usu. pl.) Something that a person owns or controls; PROPERTY (2). 4. A territorial dominion of a state or nation. Cf OWNERSHIP; TITLE (1). [A]s the name of Possession is ... one of the most important in our books, so it is one of the most ambiguous. Its legal senses (for they are several) overlap the popular sense, and even the popular sense includes the assumption of matters of fact which are not always easy to verify. In common speech a man is said to possess or to be in possession of anything of which he has the apparent control, or from the use of which he has the apparent power of excluding others .... [A]ny of the usual outward marks of ownership may suffice, in the absence of manifest power in some one else, to denote as having possession the person to whom they attach. Law takes this popular conception as a provisional groundwork, and builds up on it the notion of possession in a technical sense, as a definite legal relation to something capable of having an owner, which relation is distinct and separable both from real and from apparent ownership, though often concurrent with one or both of them." Frederick Pollock & Robert Samuel Wright, An Essay on Possession in the Common Law 1-2 (1888). "In the whole range of legal theory there is no conception more difficult than that of possession. The Roman lawyers brought their usual acumen to the analysis of it, and since their day the problem has formed the subject of a voluminous literature, while it still continues to tax the ingenuity of jurists. Nor is the question one of mere curiosity or scientific interest, for its practical importance is not less than its difficulty. The legal consequences which flow from the acquisition and loss of possession are many and serious. Possession, for example, is evidence of ownership; the possessor of a thing is presumed to be the owner of it, and may put all other claimants to proof of their title." John Salmond, Jurisprudence 285 (Glanville L. Williams ed., 10th ed. 1947).
Possessor
One who has possession. - posses9orial (pos-a-sor-ee-al), adj.
Possessorium
See possessory action under ACTION.
Possessory
adj. Of, relating to, or having possession.
Pro possessione praesumitur de jure
From possession arises a presumption of right.
Pro possessore habetur qui dolo injuriave desiit possidere
A person is considered a possessor who has ceased possession through fraud or injury.
Repossession
n. The act or an instance of re-, taking property; esp., a seller's retaking of goods sold on credit when the buyer has failed to pay for them. - Often shortened to repo. -repossess, ub. Cf. FORECLOSURE.
Sine possessione usucapio procedere non, potent
Without possession, prescription (Roman usucapio) cannot proceed.
Tantum praescriptum quantum possessum
There is only prescription insofar as there has been possession.
Triennalis pacificus possessor beneficii est inde securus
The undisturbed possessor of a nefice for three years is thereafter secure
act of possession.
Conduct indicating an intent to claim the property in question as one's own; esp., conduct that supports a claim of adverse possession. act of providence. See ACT OF GOD.
actual change of possession.
A real, rather than constructive, transfer of ownership. 0 A creditor of the transferor cannot reach property that has actually changed possession. actual controversy. See CONTROVERSY (2), (8).
actual possession
Physical occupancy or control over property. Cf constructive possession.
adverse possession
See ADVERSE POSSESSION.
bona fide possession
Possession of property by a person who in good faith does not know that the property's ownership is disputed.
bona fide possession.
See POSSESSION (3)
bonae fidei possessor
[Latin] Roman law. A good-faith possessor of property owned by another. 0 Unless the owner sued to recover the property, the possessor became the rightful owner after a specified time elapsed, unless the property had been stolen or taken by force. See ADVERSE POSSESSION.
bonorum possessio contra tabulas
[Latin "possession of goods against the testament"] Roman law. An order authorizing the applicant to take possession of an estate contrary to the testator's will. 9 Magistrates made such orders in certain cases, as where a testator passed over a son who was not expressly disinherited. - Also termed contra tabulas. "The Praetor could not affect the civil validity of a will; he could not make or unmake a heres. He could, however, give bonorum possessio to a person, heres or not at civil law, which gave him power to take possession of the goods by appropriate steps, bonorum possessio contra tabulas . . . ." W.W. Buckland, A Textbook of Roman Law: From Augustus to Justinian 324 (Peter Stein ed., 3d ed. 1963).
chose in possession
Personal property for which title and possession unite in the sam( person. - Also termed thing in Possession
civil possession
See POSSESSION (3J
compossessio
[Latin] Civil law. Possession by two or more persons of the same thing in common.
constitutum possessorium
"[Another] form of constructive delivery is that which the commentators on the civil law have termed constitutum possessiorum . . . . Any thing may be effectually delivered by means of an agreement that the possessor of it shall for the future hold it no longer on his own account but on account of someone else .... [I]f I buy goods from a warehouseman, they are delivered to me so soon as he has agreed with me that he will hold them as warehouseman on my account. The position is then exactly the same as if I had first taken actual delivery of them, and then brought them back to the warehouse, and deposited them there for safe custody." John Salmond, Jurisprudence 306 (Glanville L. Williams ed., 10th ed. 1947).
constructive adverse possession
adverse possession in which the claim arises from the claimant's payment of taxes under color of right rather than by actual possession of the land. adverse title see title (2).
constructive possession
Control or dominion over a property without actual possession or custody of it. - Also termed effective possession; possessio fictitia. Cf. actual possession.
contentious possession
See hostile possession under POSSESSION.
corporeal possession
Possession of a material object, such as a farm or a ,coin. - Also termed natural possession; possessio corporis; (Ger.) Sachenbesitz.
corpus possessionis
[Latin] Roman law. A thing possessed by someone. See animus possidendi under ANIMUS.
covenant for possession
A covenant giving a grantee or lessee possession of land.
debtor-in-possession
Bankruptcy. A Chapter 11 or 12 debtor that continues to operate its business as a fiduciary to the bankruptcy estate. ( With certain exceptions, the debtor-inpossession has all the rights, powers, and duties of a Chapter 11 trustee. - Abbr. DIP.
derivative possession
Lawful possession by one (such as a tenant) who does not hold title.