10.2 Constituent Elements of Possession: Animus Possidendi and

Corpus Possessionis The two-element definition (Savigny's classic): possession = corpus possessionis (effective physical control over the thing) + animus possidendi (the intention to hold the thing for oneself, as one's own, excluding others). The elements are separable, and the separations define the doctrine: Physical control without intent to hold as one's own = custody, not possession. The watchman at the godown, the driver of the bus, the servant milking the master's buffalo — each has corpus, but the animus is the master's: they hold for another. They are custodians; the master is the possessor (through them). Intent without control = mere ambition, not possession. I intend to own the distant hill; I do not possess it. Savigny vs. Ihering — the classic debate: Savigny (subjective theory): animus is a distinct, independent element — the intent to exclude others as an owner would. Possession in the full (owner-like) sense requires this special intent; hence the distinction between possession and detention (mere holding). Ihering (objective theory): animus is not a separate ingredient but follows from corpus as a matter of course — anyone exercising control, in the ordinary course of things, intends to hold; law need not inquire into secret states of mind. Possession is protected wherever control is exercised for oneself rather than openly in another's name and account. Ihering's theory…