Salmond’s Theory Of Possession And Ownership: A Jurisprudential Analysis
- IJLLR Journal
- Sep 6
- 1 min read
Sanya Sharma, Asian Law College, Chaudhary Charan Singh University
ABSTRACT
This paper examines the jurisprudential theories of Sir John Salmond, with a special focus on his views on possession and ownership. Salmond’s contributions to property law are pivotal in distinguishing between physical control and legal entitlement and offers a framework for understanding the relationship between individuals and their property. The paper begins by exploring the broader legal context of property, including its significance in both tangible and intangible forms. It then delves into Salmond’s definitions of possession and ownership, analysing key concepts such as corpus possessionis (physical control) and animus possidendi (intention to possess). Through a comparative analysis with other jurists like Savigny and Austin, the paper highlights Salmond’s unique approach to property law. The paper concludes by reflecting on Salmond’s lasting influence on modern legal systems, particularly in the context of evolving property rights in the age of intellectual property.
