Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
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.
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.
In pari causa possessor potior haberi debet.
When two parties have equal claims, the possessor should be considered the stronger.
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.
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 possessore habetur qui dolo injuriave desiit possidere
A person is considered a possessor who has ceased possession through fraud or injury.
Triennalis pacificus possessor beneficii est inde securus
The undisturbed possessor of a nefice for three years is thereafter secure
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.
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).
legal possessor
One with the legal right to possess property, such as a buyer under a conditional sales contract, as contrasted with the legal owner who holds legal title. See legal owner under OWNER.
possessor bona fide
A possessor who believes that no other person has a better right to the possession.
possessor mala fide
A possessor who knows that someone else has a hotter right to the possession.
possessory action
See ACTION.
possessory claim
The title of a claimant to public land who has filed a declaratory statement but has not paid for the land.
possessory conservator
Family law. In the child-custody laws of some states, the parent who has visitation rights, but not the primarv custody rights, of the child
possessory estate
An estate giving the holder the right to possess the property, with or without an ownership interest in the property.
possessory garageman's lien
See LIEN.
possessory interdict
An interdict that protected a tenant who had been ejected or threatened with disturbance. ( Possessory interdicts were summary processes of Roman law.
possessory interest
1 The present right to control property, including the right to exclude others, by a person who is not necessarily the owner. 2. A present or future right to the exclusive use and possession of property. "We shall use the term 'possessory interest' to include both present and future interests, and to exclude such interests as easements and profits. The reader should note that the Restatement of Property uses the term possessory' to refer only to interests that entitle the owner to present possession. See Restatement, Property ยงยง 7, 9, 153 (1936)." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 19-20 n.l (2d ed. 1984).
possessory lien
A lien allowing the creditor to keep possession of the encumbered property until the debt is satisfied. ( A power of sale may or may not be combined with this right of possession. Examples include pledges of chattels, the liens of innkeepers, garageman's liens, and vendor's liens. See PLEDGE.
possessory warrant
A process similar to a search warrant used by a civil plaintiff to search for and recover property wrongfully taken.
pro possessore
[Latin] As a possessor; by title of a possessor; by virtue of possession alone.
third possessor
Civil law. A person who acquires mortgaged property but is not personally bound by the obligation secured by the mortgage: