Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Donatio perlcitur possessione accipientis
A gift is rendered complete by the possession of the receiver.
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
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).
Pro possessione praesumitur de jure
From possession arises a presumption of right.
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.
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)
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
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.
derivative possession.
See POSSESSION
direct possession
See immediate possession.
dispossession
n. Deprivation of, or eviction from, possession of property; ouster. dispossessor. A person who dispossesses.
effective possession
See constructive possession.
estate in possession
See ESTATE.
exclusive possession
The exercise of exclusive dominion over property, including the use and benefit of the property.
habere facias possessionem
n. [Law Latin "that you cause to have possession"] Hist. A writ giving a supcessful ejectment-action plaintiff the possession of the recovered land. -Often shortened to habere facias or hab. fa.
hostile possession
Possession asserted against the claims of all others, including the record owner. See ADVERSE POSSESSION.
hostile possession.
See POSSESSION
immediate possession
Possession that is acquired or retained directly or personally. -Also termed direct possession.
incorporeal possession
Possession of something other than a material object, such as an easement over a neighbor's land, or the access of light to the windows of a house. -Also termed possessio juris; quasi possession."It is a question much debated whether incorporeal possession is in reality true possession at all. Some are of opinion that all genuine possession is corporeal, and that the other is related to it by way of analogy merely. They maintain that there is no single generic conception which includes possessio corporis and possessio juris as its two specific forms. The Roman lawyers speak with hesitation and even inconsistency on the point. They sometimes include both forms under the title of possessio, while at other times they are careful to qualify incorporeal possession as quasi possessio - something which is not true possession, but is analogous to it. The question is one of no little difficulty, but the opinion here accepted is that the two forms do in truth belong to a single genus. The true idea of possession is wider than that of corporeal possession, just as the true idea of ownership is wider than that of corporeal ownership." John Salmond, Jurisprudence 288-89 (Glanville L. Williams ed., 10th ed. 1947).
incorporeal possession.
See POSSESSION
indirect possession
See mediate possession.
indirect possession.
See mediate possession under POSSESSION.
insular possession
An island territory of the United States, such as Puerto Rico.
insular possession.
See POSSESSION (4)
jus possessionis
n. [Latin] Civil law. A right of which possession is the source or title; a possessor's right to continue in possession. Cf. JUS PROPRIETATIS.
mediate possession
Possession of a thing through someone else, such as an agent. ( In every instance of mediate possession, there is a direct possessor (such as an agent) as well as a mediate possessor (the principal). - Also termed indirect possession. "If I go myself to purchase a book, I acquire direct possession of it; but if I send my servant to buy it for me, I acquire mediate possession of it through him, until he has brought it to me, when my possession becomes immediate." John Salmond, Jurisprudence 300 (Glanville L. Williams ed., 10th ed. 1947).
mortgagee in possession
A mortgagee who takes control of mortgaged land by agreement with the mortgagor, usu. upon default of the loan secured by the mortgage. mortgagee clause. See MORTGAGE CLAUSE.
naked possession
The mere possession of something, esp. real estate, without any apparent right or colorable title to it.
natural possession
Civil law. The exercise of physical detention or control over a thing, as by occupying a building or cultivating farmland. 0 Natural possession may be had without title, and may give rise to a claim of unlawful possession or a claim of ownership by acquisitive prescription. The term "natural possession" has been replaced by the term "corporeal possession" in the Louisiana Civil Code, by virtue of a 1982 revision. The change was nonsubstantive. La. Civ. Code Ann. art. 3425 (West 1994). See corporeal possession; PRESCRIPTION (2).
notorious possession
Possession or control that is evident to others; possession of property that, because it is generally known by people in the area where the property is located, gives rise to a presumption that the actual owner has notice of it. ( Notorious possession is one element of adverse possession. - Also termed open possession; open rind notorious possession. See ADVERSE POSSESSION.
open and notorious possession
See notorious possession under POSSESSION.
open possession
See notorious possession under POSSESSION.
peaceable possession
Possession (as of real property) not disturbed by another's hostile or legal attempts to recover possession. Cf. ADVERSE POSSESSION.
pedal possession
Actual possession, as by living on the land or by improving it. ( This term usu. appears in adverse-possession contexts.