Possessor – What is it, definition and concept

The possessor is the natural or legal person who has in their effective possession a thing, right or animal. Being a possessor does not mean that you own the thing or the right.

That is, the possessor is the one who can make use of or can enjoy a certain good.

The holder does not have to be the legitimate owner of the thing, that is, a person can be the holder of a thing or right and not be the owner of it. The important thing to know if a person is a possessor is the factual situation in which he disposes of the thing or the right.

To understand it better, a person can own a computer, for example, a parent. However, this owner may not be the possessor of the artifact since his daughter has it under her effective power, but she is not the owner.

Requirements to be a possessor

The requirements to be a possessor are the following:

  • It does not matter if it is a natural or legal person. The fact of being a person gives the option of being a possessor.
  • Minors and people with judicially modified capacity must have their legal representatives to possess.
  • It can be a single holder or there can be several in co-possession.

There are two ways for a person to become a possessor:

  • A) Material occupation: It means the simple possession of a good. Continuing with the previous example, the owner’s daughter, just by grabbing the computer, already owns it. There are other material occupations that are not necessarily the physical apprehension of the object. For example, if a person is living in real estate, he is the owner of the personal property that is in it, without the need to occupy them effectively.
  • B) Possession by way of juridical or legal acts: In this case, a legal formality is needed and it is the case of the heirs. At the moment they accept an inheritance, they are holders of the goods that make up this inheritance.
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How can you lose possession?

The ways of losing possession can be voluntary or involuntary.

  • Volunteers: The abandonment of the thing that the person had in his possession. For example, if the daughter who owned the computer leaves it in her father’s office and does not use it again, she loses possession of it. The transfer of the thing to another person is also a voluntary loss of possession. That is, if the owner of the computer gives the artifact to a colleague. Likewise, she has lost possession.
  • Involuntary: Destruction of the thing. If the computer in our examples crashes and becomes unusable, the daughter also loses possession of it.

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