Possessio
Possession.
Possessio is the factual control over a thing exercised with the intention of holding it as owner.
In Dutch law, which has been strongly influenced by Roman law, possessio denotes the factual control exercised over a thing, irrespective of legal ownership. It is distinct from ownership in that it centres primarily on the physical exercise of control with animus domini.
Possessio is relevant in disputes concerning immovable and movable property, for instance in relation to protection against interference or the acquisition of ownership by prescription. In practice, the concept is frequently invoked in neighbour disputes or cases involving theft and unlawful appropriation.
Courts determine on the facts whether possession exists and whether it is in good faith, which may affect the outcome of proceedings for revindication or damages.
“The tenant invoked possessio to bar the landlord from entering the dwelling without consent.”
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