Possession in Civil Law

Abstract

        This study addresses the topic of possession in civil law, in terms of its definition, elements, and legal significance. The study addresses the legal basis of possession, defining its concept linguistically, technically, and legally, while clarifying the basic elements that constitute possession: the material element and the moral element. It also addresses the defects that may affect possession, such as coercion, concealment, and ambiguity, and their legal impact on the rights of the possessor. The study also addresses the transfer of possession from one person to another and the extent to which this affects the validity and continuity of possession. It also sheds light on the legal protection of possession through three possession suits: the suit to recover possession, the suit to prevent interference, and the suit to stop new works, while reviewing the position of Iraqi civil law and comparative law on them. The study concludes that possession is an important means of acquiring property rights and enjoys special legal protection, whether the possessor is the actual owner or not