Recourse What is the difference between possession and possession in law?

The reason why this example is not valid is not because of the concepts of possession, possession, and control, and the reason why the supermarket employee cannot claim a lien on the supermarket merchandise is because the lien arises in connection with the subject matter and the creditor's right (which caused the lien). Obviously, for the employee, the employment contract relationship between him and the supermarket (strictly speaking, it is not a civil law creditor relationship) cannot be a ground for claiming a lien.

As for the use of control, possession, possession. Possession is an exclusive concept in property law, which refers to the de facto formation of control and domination over things. Including legal possession, illegal possession, right to possession, lack of possession, etc.

Therefore, conceptually speaking, possession includes possession and control, but the expression of possession is more focused on the act itself, and it is often used in the expression of intangible rights, such as patent holders, while control is more focused on the situation in which the thing is dominated, such as the actual control of the thing in litigation.

In terms of the exercise of the right of lien, the supermarket clerk cannot exercise the right of lien on the supermarket items because they do not possess but possess the goods, and cannot actually control them.

The landlord seems to say the opposite, it should be "not to occupy but to hold".

Holding is a state of possession for a short period of time, and possession is a long-term and exclusive possession of the individual. Control is a state of relative possession for a longer period of time in which the controlled object can be disposed of.

The supermarket clerk holds the supermarket items, they do not have absolute control over it, and other clerks can also hold it, that is to say, its holder is not absolute, and half of the possession means that a person is in exclusive possession, and the right of retention can only be exercised for this exclusive possession. I don't know if you understand?

To possess is to take the thing that is not yours and to take it as your own, which means to take something that is not yours.

Possession that has a legal basis, i.e., is exercised in accordance with the provisions of law, the will of the owner, administrative orders or court decisions, and other lawful reasons, is called lawful possession.

No, according to whether there is a legitimate source of rights, it can be divided into possession and possession, and its meaning and legal consequences are similar to those of lawful possession and illegal possession.

Meaning of right to possession:

1. Possession of the right (possession of the source of rights) refers to the possession of the subject matter in law or in fact, such as the possession of the subject matter by the custodian, the lessee, and the pledgee.

2. The right to possession mainly refers to the possession arising from the relationship based on contracts and other debts. For example, according to the custody contract, the custodian takes possession of the deposited goods.

3. The right to possess refers to the possession with the right of possession, for example, the possession arising from the lease relationship and the right of retention is the possession of the right.

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The difference between "owned" and "held" in the legal sense: Owned: means that the thing is yours but not necessarily in your hands, but you have full decision. Possession: Indicates that the item may not be yours but in your hands, and that there will be restrictions on how much you want to dispose of it.

The difference between "owned" and "held" in the legal sense.

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The difference between "owned" and "held" in the sense of the law of dust: all: means that the thing is yours but not necessarily in your hands, but you have full decision.

Hold: Indicates that the item may not be yours but is in your hand, and there will be conditions for you to dispose of.

According to the provisions of the General Principles of the Civil Law, property ownership refers to the possession, use, income and disposal of property. The difference between "Qi Jichen's holding" and "ownership" is disturbed in the state: holding refers to the right of the whole people to occupy, use, and benefit from the patent right, but the right to dispose of it is subject to certain restrictions.

Therefore, Article 10 of the Patent Law stipulates that the transfer of the right to apply for a patent or the patent right by a unit owned by the whole people must be approved by the competent authority at a higher level. Ownership refers to the right of collective ownership units and individuals to possess, use, benefit and dispose of patent rights, that is, to have complete property rights.

1. The difference between possession and possession.

Possession is first and foremost an empirical empirical concept that expresses a de facto state of control over things. To constitute possession, it is necessary to have a specific subject with the capacity of rights and natural will, the object of the object of the object, and the elements of voxels and mental elements.

The right of possession refers to the right to actually grasp and control the property. The right of possession is a prerequisite for the use of the exercised thing, and it is a way for the owner to exercise the ownership of the property. The right of possession can be separated from the will and interests of the owner and is enjoyed by the non-owner.

2. Legal characteristics of possession.

a) Possession is a de facto state of legal protection. Possession is not a right, but a de facto state. This state of fact is a kind of actual control over the sails.

The property law stipulates it and gives legal protection to this factual state, making it have the nature of a quasi-real right.

2) The object of possession is limited to things. According to the provisions of the Civil Code, the object of possession is limited to things, including movable property and immovable property, but it should be noted that the thing here does not have to be an independent thing, and possession of a certain part of a single thing can also be established.

3) Possession is the de facto dominion over things. This kind of control and leadership is the ability to actually control and dominate things. The combination of space, time, and law is the criterion for judging de facto leadership.

Spatial union indicates that a particular thing is under the control of a particular person, temporal union requires a certain continuity of such control, and legal union emphasizes the effectiveness of control rather than direct control.

III. Classification of Possession.

Possession is the de facto right of control.

There are de facto control and nominal control. De facto control refers to the actual controlling party, which is divided into legal control and illegal control, with the right to control and the right not to control.

Nominal control means that the thing is within the control of the owner, and it can exercise all four powers of ownership through certain acts.

For example, if you lease a property, the lessee is in fact legal and has the right to control it. The lessor, on the other hand, is nominal control, and can exercise ownership rights by dissolving the merger and carrying it.

Legal analysis: Ownership and possession are two sets of protection systems for the right to return the code of goods. Ownership is a kind of substantive protection, which is the protection of the real right holder, and the basic power is possession, use, income, and disposal, which is a right.

Possession is a formal protection of property rights, or presumption of protection, which is a legal fact. The theories of the two are inexhaustible, and possession is the foundation of the property rights system.

Legal basis: Criminal Law of the People's Republic of China Article 270: For the purpose of illegal possession, the act of illegally taking possession of other people's property, forgotten items, or buried items that have been handed over to oneself for safekeeping, and the amount is relatively large, and refusing to return them.

Pre-analysis of the law:

Legal possession refers to the possession of the property of the owner by a non-owner in accordance with the law or the will of the owner.

The legal possession of the owner, that is, the possession of what belongs to the owner.

Legal possession by a non-owner, i.e. the possession of another person's property by a non-owner in accordance with the provisions of the law or the will of the owner, is usually the result of the transfer of possession by the owner of the property in accordance with the law.

For example, the tenant takes possession of another person's house through a lease contract, etc.

Legal basis: Civil Code of the People's Republic of China Article 458 The possession arising from the contractual relationship, the use of immovable or movable property, the income, the liability for breach of contract, etc., shall be in accordance with the contract; Where there is no agreement in the contract or the agreement is not clear, follow the relevant laws and regulations.