Stick to the basics -secrets are on top (Ueshiba)

Home » The art of the process » Art of Litigation » Stick to the basics -secrets are on top (Ueshiba)

For 2 years it is taught: (A) possession is NOT THE LAW (B) possession is a state of fact and has a legal meaning (C) possession consists of two elements: actual (PHYSICAL AUTHORITY OVER THING) and mental (INTENTION TO OWN THE THING FOR YOURSELF). Students head: “Why possession is a fact. And why in the analysis of this fact it is necessary to take into account the mental state, but not subjective only objective. AND WHAT IS AN OBJECTIVE MENTAL STATE.” The lecturer goes further: after a mental state, we distinguish between POSSESSION and POSSESSION: the holder is going to wield the thing for himself, and the wielding man wields the thing for someone else.

The lecturer goes further: there are two types of possession: (1) SELF-POSSESSION, when someone owns a thing LIKE an owner (2) DEPENDENT POSSESSION, when someone owns like a tenant, tenant or having another right. The student foolishly: “since possession is a reality, why is self-possession different from dependent possession by reference to property or other law.” Finally, Schroedinger’s cat: a self-possessor who gives possession of a dependent thing does not cease to be an in-person holder even though the physical authority over the thing is no longer there. Learning law without case law is a HIGHLY HARMFUL waste of time.

Also check
other threads in this category

Staroń & Partners sp. k.
ul. Marszałkowska 111
00-102 Warszawa

e-mail: office@staronpartners.com
phone: +48 601 453 000

Staroń & Partners - radca prawny Piotr Staroń
Przewiń na górę