A discussion of the inconsistencies associated with the term “legal possession”, with the authors concluding that the term has no single, specific, and fixed meaning. In fact, different authorities attribute different meanings and none of these “official” meanings is compatible with the most common usage, i.e. “lawful possession”. In law, possession is the control that a person intentionally exercises over a thing. Like property, the possession of everything is usually regulated from one country to another by property law. In any case, to possess something, a person must intend to possess it. A person may be in possession of property (although possession does not always mean ownership). For example, a vial of painkillers prescribed by your doctor to treat short-term postoperative conditions is a legal possession. However, possession of an illegal substance, such as a “street drug” or someone else`s painkiller, is not legal possession. As you face the possibility of a drug conviction, be sure to consider how a drug attorney in Houston, TX can work to advance your future. “Real possession is what most of us consider possession, that is, having physical custody or control of an object” (United States v.
Nenadich, 689 F.Supp. 285 [N.Y.S. 1988]). Real possession, sometimes called possession, is used to describe immediate physical contact. For example, a person wearing a watch has actual possession of the watch. Similarly, if you have your wallet in your jacket pocket, you actually have possession of your wallet. However, this type of possession is necessarily very limited. Often, a set of facts clearly shows that a person is in possession of an object but has no physical contact with it. In order to deal appropriately with these situations, the courts have expanded the scope of possession beyond actual possession. This category refers to illicit compounds that contain benzene and cannabinol derivatives in a form other than marijuana. Synthetic marijuana and analogues are processed in this group.
Owning real estate is a matter of physical fact. Having the right or legal right to possession is not possession. Possession is a physical concept, not a right. As Black`s Law Dictionary says, possession is “the possession or holding of property in one`s power.” This power means having physical dominance and control over property. This dominance and control can be exercised by excluding others or letting others in. It is the fact of this physical control that is possession. This power could be exercised legally or illegally. It could be exercised in a way that constitutes a violation of the law. But in any case, it is the physical fact, the fact of having or holding property in one`s power and control, which constitutes possession.
“Legal possession” is a term used by the landlord-tenant bar. We recently came across a settlement agreement that required the tenant to deliver “swept legal possession” to the landlord no later than a certain date. In another situation, a good guy guarantees limited liability for obligations that arise before the date the tenant surrenders “legal possession” to the landlord. What exactly is legal possession? Federal and state laws make possession of many dangerous or unwanted objects punishable. For example, Section 5861 (1996) of 26 U.S.C.A. prohibits the possession of certain firearms and other weapons. Similarly, possession of other items deemed harmful to the public, such as narcotics, burglary tools and stolen property, is punishable under various laws. Criminal possession, particularly of drugs, has been a major source of controversy. Making possession a crime allows arrests and convictions without proving the use or sale of a prohibited item.
POSSESSION, ownership. The possession or enjoyment of anything that a person owns or practices alone, or through another person who holds or practices it on their behalf. Through the possession of a thing, we always understand the state in which not only the own manipulation of the thing is physically possible, but the manipulation of any other person can be excluded with it. Thus, the sailor owns his ship, but not the water in which he moves, although he submits each to its end. 2. To complete a possession, two things are required. 1st edition. Whether there is an occupation, a concern or an ingestion. 2. That ingestion is with the intention of possession (animus possidendi), so people who have no legal will cannot possess or acquire possession as children and idiots.
Poth. h. Il.; Etienne, h.t. See Sea. R. 358; Abbott on the ship. 9 et seq. ยท But a sufficiently understanding child can legally come into possession of something. 3. Possession is natural or civil; Of course, if a man clings to a physical thing, for example, by occupying a house, cultivating land, or keeping a movable object in his custody; Possession is civil when a person ceases to reside in the house or land in which he or she lived or retains the movable property he or she owned, but without the intention of relinquishing possession. On land ownership, see 2 Bl.
Com. 116; Hamm. parties, 178; 1 McLean`s R. 214, 265. 4. Possession is also real or implied; In fact, if the thing is in the immediate occupation of the party. 3 Dey. No. 34. Constructive, when a man claims to hold by virtue of a title without having the actual occupation of it; Because if the owner of a regularly planted plot of land is in possession of a part, he is considered constructive in possession of the whole.
11 Vern. No. 129. What distance from the property or loss of possession is sufficient to justify theft, see 2 Chit. Cr. Law, 919; 19 lawyers, 14; Etienne, h.t. Civil Code of Louis. 3391, ff.
5. In civil law, possession is divided into natural law and civil law. The same division is adopted by the Louisiana Civil Code.
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