Bad Faith And Its Intentions

Bad faith and its intentions

Introduction

Possession, as de facto domain or power over things, is considered as the intention of the owner or owner. The vulgar meaning of the word "possession" is consistent with etymology, which means that the occupation of something grants our power, exercised in all or part of a thing, without mattersing mostly the existence of title or right to do so. On the other hand, we find that the domain or property, which is the right that gives the subject the greatest control over things, initially, gives it the exclusive right to use all the profits that the product can provide.

Developing

In this context, it should be taken into account that property means that the holder of the law has broader powers with respect to things and what constitutes real rights that can be claimed absolutely. This right allows the owner to enjoy and dispose of things, and can be obtained in certain ways, such as occupation, accession, tradition, succession and prescription.

Like possession, the domain is also protected by law: if the owner of the absolute, exclusive and permanent rights is deprived, it can exercise the right to claim the property, in the case that is taken away. The objective of this essay relates each of the goods to identify the difference between their domain and property.

As we had mentioned above, possession is the de facto power to exercise something totally or partially, that is, there will be possession when a person has something in their possession, with the intention of subjecting it to the exercise of a property right.

There are two elements that need possession to be configured: they are the subject (corpus), which is the same thing. 

It must be expressed as the intention of the owner, that is, to have the intention and behavior of the owner. In this way, we distinguish ourselves from the Tenure System, in which the holder recognizes the property that he possesses in another way. Possession frames perfectly in the so -called factual or material relationship between people and things, one of whom is the possession to distinguish them from laws or legal relations, including the right of domain.

Possession is not a political guideline, a legal body, a moral principle or social value. The discussion in this regard has been extensive, but the accepted thesis is that the legal nature of possession is to be a state of fact with effects.  Although almost all authors are more or less agree as to the benefits of possession, they are not, however, in regard to nature. Savigny and his school argue that it is a fact. According to article 717 of the Civil Code, it establishes that goods can be regular and irregular.

"Art. 717.- Possession can be regular or irregular. It is called regular possession that comes from just title and has been acquired in good faith, although good faith does not subsist after the possession. It can be, therefore, regular possessor and possessor of bad faith, as vice versa the possessor in good faith can be an irregular possessor."

• Regular possession: which has been acquired in good faith and has its title;although good faith does not subsist after acquiring possession. It can also be by tradition
• Absolute character: the owner can exercise all possible powers about things.
• Exclusive character: the owner is the only person who has the right to use, enjoy and have things.
• Perpetual character: it is not limited by time and can maintain the time of its existence.

On the other hand, Luis Claro Solar tells us that there are two restrictions that control the actions that the owner can perform;restrictions imposed by the law restrictions due to respect for the rights of others.

conclusion

With all that we have exposed we can conclude that the differences between possession and domain is that domain is a right of possession, possession has all the attributes of the property, except the right to dispose of good, possession was originally acquired fromthrough occupation.

As mentioned above, in the legal field, the term property is used as a synonym for domain. However, although the two concepts are similar, there is still a difference between domain and property, because some people confirm that the property has a broader meaning, such as intellectual property and industrial property;And when it comes to domain it is more limited.

Bibliography

Barron, g. G. (2005). Real rights. In g. G. Barron, real rights (pages. 127-128). Lima: Legal Editions.

Civil, c. (2005). Book II of goods and their domain, possession, use and enjoyment. In c. civil, civil code (p. 85). Quito: Official Registry.

Meana, a. (2014). Nature of possession. Notaries Magazine, 366. 

Scribd. (s.F.). Scribd. Obtained from a difference between domain and possession.

Solar, l. C. (2003). Chilean and compared civil law explanations. Chile: Legal of Chile. Obtained from Legal of Chile.