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Intention to possess
An intention to possess (sometimes called animus possidendi) is the
other component of possession. All that is required is an intention to
possess something for the time being. In common law countries, the
intention to possess a thing is a fact. Normally, it is proved by the acts
of control and surrounding circumstances.
When people possess places to which the public has access, it may
be difficult to know whether they intend to possess everything within
those places. In such circumstances, some people make it clear that
they do not want possession of the things brought there by the public.
For example, it is not uncommon to see a sign above the coat rack in
a restaurant which disclaims responsibility for items left there.
Importance of possession
In civil law countries, possession is not a right but a (legal) fact which
enjoys certain protection by the law. It can provide evidence of
ownership but it does not in itself satisfy the burden of proof. For
example, ownership of a house is never proven by mere possession
of a house. Possession is a factual state of exercising control over an
object, whether owning the object or not. Only a legal (possessor has
legal ground), bona fide (possessor does not know he has no right to
possess) and regular possession (not acquired through force or by
deceit) can become ownership over passage of time. A possessor
enjoys certain judicial protection against third parties even if he is not
the owner.
Obtaining possession