Card: 1 / 46 |
The legal concept of possession requires two essential elements: ______________ and ______________. |
Card: 2 / 46 |
Animus possidendi (intention to possess) and corpus possessionis (physical control) |
Card: 3 / 46 |
True or False: Possession is only recognized in law if the possessor is the legal owner of the property. |
Card: 5 / 46 |
Possession reflects an individual's __________ and __________ into an object, according to philosophical perspectives. |
Card: 7 / 46 |
What is the philosophical basis for protecting possession, as argued by thinkers like Kant and Hegel? |
Card: 8 / 46 |
Possession is an extension of an individual's will and personality, deserving respect and protection. |
Card: 9 / 46 |
True or False: The law treats possession merely as a physical fact, ignoring the intention behind it. |
Card: 10 / 46 |
False; the law considers both the physical control and the intention to possess. |
Card: 11 / 46 |
Fill in the blank: The relationship between an individual and an object or property is referred to as __________. |
Card: 13 / 46 |
The intention to possess an object and exclude others from its use is known as ___ in possession. |
Card: 15 / 46 |
True or False: To establish possession, only the intention of the possessor is sufficient without any physical control over the object. |
Card: 16 / 46 |
False. Both intention (Animus Possidendi) and physical control (Corpus Possessionis) are necessary to establish possession. |
Card: 18 / 46 |
Mediate possession occurs when a person holds an object on behalf of the actual owner, while immediate possession is held by the person who physically controls the object. |
Card: 19 / 46 |
Fill in the blank: Possession transferred through an agreement where the possessor acknowledges another's title is known as ___ possession. |
Card: 21 / 46 |
True or False: Concurrent possession allows two individuals to claim possession of the same object simultaneously. |
Card: 22 / 46 |
False. Concurrent possession does not allow two persons to possess the same thing simultaneously, as exclusivity is essential to possession. |
Card: 23 / 46 |
What is an example of possession that is held temporarily while acknowledging another's title? |
Card: 24 / 46 |
Lending an item for a fixed period with the understanding it will be returned. |
Card: 25 / 46 |
Fill in the blank: The claim of the possessor must be ___ and ___ exercised to manifest possession. |
Card: 28 / 46 |
Possession through an agent or servant occurs when an individual allows another person to hold an object on their behalf, such as entrusting a shoemaker with shoes for repair, where the immediate possession is with the shoemaker, but the ownership remains with the original owner. |
Card: 29 / 46 |
Taking is defined as the acquisition of possession ___ the consent of the previous possessor. |
Card: 31 / 46 |
True or False: Actual delivery involves the physical transfer of possession from one person to another. |
Card: 34 / 46 |
It is the surrender of mediate possession to someone who is already in immediate possession of the item. |
Card: 35 / 46 |
Attornment is the transfer of mediate possession while immediate possession remains with ___ person. |
Card: 37 / 46 |
True or False: In Constitutum Possessorium, no agreement is required for the possessor to hold the item on behalf of someone else. |
Card: 42 / 46 |
Actual delivery involves a physical transfer of the item, while constructive delivery does not require physical transfer. |
Card: 43 / 46 |
Possessory remedies primarily aim to address the imperfections of early ___ remedies. |
Card: 45 / 46 |
True or False: Possessory remedies require the possessor to prove ownership when reclaiming an item taken by force. |
Card: 46 / 46 |
False. Possessory remedies allow the possessor to reclaim the item based on possession rather than ownership. |