Derecho de Posesión l Julio Pozo Sánchez

Possession is not recognized; it is not enshrined as a right. In ours, it is even consecrated first . And I say firstly because the first real right that our civil code regulates is possession, which by definition as soon as it is regulated as a right, is understood according to our system as the de facto exercise

of one or more attributes of the owner. Therefore, according to our civil code, a possessor is someone who actually exercises one or more attributes of the owner. So far, a first and important idea is that in our legal system possession is a right, of course, a real right and is defined as the

factual exercise. of one or more attributes of the owner.

Okay, to explore this idea a bit , what are the attributes of the owner? There are three: use, enjoy, and dispose of. This means that, remember, we are dealing with a real right. The subject who, in relation to the object called property,

actually exercises the use or enjoyment of it, is considered the possessor. It is worth clarifying that the attribute of disposition is exclusive to the owner. It is a mistake, perhaps a mistake in the definition , but that does not mean that the institution cannot be understood. The institution makes itself perfectly clear. A

possessor is someone who actually exercises the use or enjoyment of the property. Ready? It's that simple. Today possession is understood . Ah, the arrangement is an exclusive attribute of the owner. The transfer of the right of possession. Well, the right of possession is qualified in that scenario or it is treated as property and that's why