Revisiting possessio naturalis and possessio civilis in Roman law: a new perspective emerges?
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History ReviewSearch for other papers by João Costa-Neto in
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Summary
This is a brief critical assessment of the distinction between possessio naturalis and possessio civilis in Roman law. The text provides a concise historical outline of the distinction. Costa-Neto re-examines conventional perspectives concerning possession, including those proposed by Savigny, Jhering and Riccobono. It also examines the notion of possessio naturalis as proposed by D’Angelo and Klinck in recently published works. Costa-Neto underscores the differences from possessio civilis and mere detention and concludes that, even if a ‘quite dominant’ view basically reduces naturalis possessio to mere detention, a new trend is gradually emerging: naturalis possessio as an independent and separate institution, distinct from detention.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 221 | 221 | 15 |
| Full Text Views | 16 | 16 | 0 |
| PDF Views & Downloads | 67 | 67 | 1 |
Revisiting possessio naturalis and possessio civilis in Roman law: a new perspective emerges?
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History ReviewSearch for other papers by João Costa-Neto in
Current site
Google Scholar
PubMed
Summary
This is a brief critical assessment of the distinction between possessio naturalis and possessio civilis in Roman law. The text provides a concise historical outline of the distinction. Costa-Neto re-examines conventional perspectives concerning possession, including those proposed by Savigny, Jhering and Riccobono. It also examines the notion of possessio naturalis as proposed by D’Angelo and Klinck in recently published works. Costa-Neto underscores the differences from possessio civilis and mere detention and concludes that, even if a ‘quite dominant’ view basically reduces naturalis possessio to mere detention, a new trend is gradually emerging: naturalis possessio as an independent and separate institution, distinct from detention.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 221 | 221 | 15 |
| Full Text Views | 16 | 16 | 0 |
| PDF Views & Downloads | 67 | 67 | 1 |
