POSSESSION: THE GOLDEN LEGAL OPPORTUNITY TO ACQUIRE OWNERSHIP

Abstract

This paper explores the legal concept of possession as a key mechanism for acquiring ownership, arguing it represents a "golden legal opportunity." It differentiates between factual and legal possession, analyzing the required elements of control and intention. The paper examines how possession is legally protected and how it can evolve into ownership through doctrines like adverse possession and prescription. It also addresses possession in movable property, including finding and abandonment. While acknowledging criticisms, particularly regarding adverse possession, the paper emphasizes its role in land utilization and dispute resolution, ultimately highlighting possession's enduring importance in property law.