Correct option is A
The concept that "Animus domini" (the intention to possess as an owner) is an essential element of possession was propounded by
Friedrich Carl von Savigny, a prominent German jurist. Savigny's theory of possession is one of the most influential in the field of legal philosophy and property law. According to Savigny, possession consists of two elements:
1.
Corpus: The physical control or actual holding of the object.
2.
Animus domini: The intention to possess the object as one's own, i.e., with the mindset of an owner.
Savigny argued that both elements must be present for possession to exist. If someone has physical control over an object but lacks the intention to own it (for example, a person holding an object on behalf of someone else), then they do not truly possess it in the legal sense. This idea contrasts with other theories that place less emphasis on the subjective element (animus) and more on the objective control (corpus).
Information Booster
Friedrich Carl von Savigny (1779–1861) was a German jurist and a key figure in the Historical School of Law. Savigny’s most significant contributions were in the areas of Roman law and legal history, where he emphasized the importance of legal traditions and customs in the development of law. His work laid the foundation for modern legal systems in many civil law countries.
In his theory of possession, Savigny insisted on the importance of
animus domini, meaning the intention to treat something as one's own. This concept plays a critical role in distinguishing between mere physical control (such as holding or using an object temporarily) and legal possession (where one holds the object with the intention of ownership).
Savigny’s theory influenced the development of property law by emphasizing that possession is not merely a physical relationship with an object but also involves a psychological component.
Additional Knowledge
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John Salmond (Option b): Salmond was a New Zealand legal scholar known for his work on jurisprudence and the law of torts. In his writings, Salmond discussed the concept of possession but did not emphasize
animus domini as Savigny did. Salmond's approach was more descriptive of the legal rights and responsibilities associated with possession rather than focusing on the subjective intention behind it.
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Sir Frederick Pollock (Option c): Pollock was an English jurist known for his extensive writings on the common law. While he contributed significantly to the understanding of possession in common law, he did not specifically propound the theory of
animus domini as essential to possession. His focus was more on the rights and remedies associated with possession rather than the psychological elements.
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Rudolf von Jhering (Option d): Jhering was a German jurist who is often contrasted with Savigny. Jhering rejected the necessity of
animus domini in possession. He argued that possession could exist solely based on physical control (corpus) without the need for the subjective intention of ownership. Jhering's views laid the groundwork for more objective theories of possession, where the focus is on the external facts of control rather than the internal mindset of the possessor.
