Study of the Theory of Right of Possession

One of the relations depicted by jurists between person and property and regarded as a kind of ownership is the right of possession. For this kind of relation, many instances have been mentioned. For example, we may mention the right of warriors to war spoils before dividing, the right of legatee before accepting the testament, the right of heirs to reject the testament concerning more than one-third of inheritance, and the right of preemptor to the property subject to preemption. In such cases, there is some proprietary right which may, if willed, result in ownership. There are some dispersed discussions in juridical and legal texts concerning this subject. The present article seeks to organize such discussions and study the nature of this relation and its instances and rules. According to the author, right of possession is some of kind of proprietary right which has some effects of ownership; before decision made by he who has such a right to take possession, however, it is not possession in the real sense of the term.