The Concept of Possession in Civil Law

Possession constitutes a complicated phenomenon of civil law to understand, which leads numerous studies its legal nature. has long history, during contents have been transformed. The author analyzed the difference in content possession using legislation Germany, France, Italy, Switzerland, Austria and Spain as cases for study. ambiguity concept situation when doctrine this term is used describe phenomena that do not relate an institution property law. Thus, scholars often use «possession» relation digital assets, tokens, etc., researching describing concepts related digitalization turnover. substantiates impossibility terminology objects. paper analyzes significance transfer ownership under contract sale event arising works contract. conclusion formulated according can be associated only with physical entities it inherent exclusively regime things, but other objects rights. bona fide prescription made about highlights argues point view doctrinal classification possession, depending on type thing (movable or immovable), into ordinary «bookish» purposes differentiating ways protection controversial. Attention drawn fact act right. At same time, fact, must differentiated protecting interests authorized party.