NAMES
UNDER WHICH POSSESSION MAY BE EXERCISED
(a)
One’s own name
-
When possession is in one’s own
name, the fact of possession and the right to such possession are found in the
same person
(b)
Name of another
-
When possession is in the name
of another, the one in actual possession is without any right of his own, but
is merely an instrument of another in the exercise of the latter’s possession,
such as the possession of an agent, servant, or guard.
(a)
Voluntary
§ When exercised by virtue of an agreement
(b)
Necessary or legal
§ When exercised by virtue of law
(c)
Physical or material
§ when the possessor is a mere custodian or keeper of the property or
funds received and has no independent right or title to retain or possess the
same as against the owner
(d)
Juridical
§ when the possession gives the transferee a right over the thing
which the transferee may set up against the owner
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