Animus possidendi: reflecţii asupra naturii elementului intenţional al posesiei

Rezumat

The mental element is by far the most exciting and fascinating element in possession. This article looks at the ways in which it manifests itself in various legal systems to fully understand the special nature that it imposes on national law. The Savigny Jhering dispute, an old but seemingly neverending disagreement that has yet to exhaust its entire arsenal and growing fascination, will be the starting point for a new classification of animus possidendi. Finally, it will be revealed that from the vantage point that our national approach to the animus can provide, it is virtually impossible to lose possession by its evanescence.