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Possession: Common Sense and Law
Authors:R. S. BHALLA
Affiliation:University of Nairobi Department of Private Law Nairobi Nigeria
Abstract:Abstract .
This article is written with a view to clarifying the following points: First, to understand the nature of possession, its origin must be kept in mind. Possession is not a legal invention, it is a pre-legal fact. Second, possession whether in law or in common sense is a de facto control. There is no difference between possession in law and possession in fact. Third, different types of rules and policies of law to deal with possession, do not change the contents of possession. They merely represent the situations in which possession is found under different circumstances.
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