To the problem of definition of possession

Abstract

The question of defining the concept of «possession» is due to the high importance of this phenomenon in civil turnover. Possession represents the foundation of the majority of civil-law relations connected with possession or domination over a thing. Such a position of ownership determines close attention of law researchers to the issues of ownership and, at the same time, a special caution of both domestic and foreign legislators in defining legal categories related to ownership.

At present, the topic of ownership and its problems are very widely covered in special literature. Researchers have been asking questions of possession, qualification, and consequences of its violation since the emergence of ancient concepts of belonging of a thing to a particular subject (including corporate) in general, but given the changing views on the world around, on the concept of «possession» and issues related to its protection, the specified problematic do not lose its relevance at present.

The need for theoretical development of the issues associated with the definition of the term «possession» is largely due to the fact that modern law and order oft en leave open the question of determining the essence of the concept and its essential features.