[251]. Grund des Besitz, p. 179: Der Besitz die Thatsächlichkeit des Eigenthums. See also at p. 192: Der Besitz ist die Thatsächlichkeit des Rechts.
[252]. In saying that possession is the de facto counterpart of ownership, it is to be remembered that we use both terms in their widest sense, as including both the corporeal and incorporeal forms. If we confine our attention to corporeal ownership and possession, the correspondence between them is incomplete. Many claims constitute corporeal possession if exercised de facto, but incorporeal ownership if recognised de jure. Thus tenants, bailees, and pledgees have corporeal possession but incorporeal ownership. They possess the land or the chattel, but own merely an encumbrance over it. The ownership of a book means the ownership of the general or residuary right to it; but the possession of a book means merely the possession of an exclusive right to it for the time being. That is to say, the figurative usage of speech is not the same in possession as in ownership, therefore much corporeal possession is the counterpart of incorporeal ownership.
[253]. Windscheid II. sect. 464: “If we ask what other rights, in addition to real rights, admit of possession, the answer is that in principle no right is incapable of possession, which is capable of continuing exercise (dauernde Ausübung).”
So Ihering, Grund des Besitz, p. 158: “The conception of possession is applicable to all rights which admit of realisation (Thatsächlichkeit), that is to say, which admit of a continuing visible exercise.” Ihering defines possession generally (p. 160) as “Thatsächlichkeit der mit dauernder Ausübung verbundenen Rechte.” See also Bruns, Recht des Besitzes, pp. 479, 481.
[254]. See for example the German Civil Code, sects. 858, 861, 864, and the Italian Civil Code, sects. 694–697.
[255]. Asher v. Whitlock, L. R. 1 Q. B. 1. Armorie v. Delamirie, 1 Stra. 504. 1 Sm. L. C. 10th ed. 343. Bridges v. Hawkesworth, 21 L. J. Q. B. 75.
[256]. Legal persons are also termed fictitious, juristic, artificial, or moral.
[257]. Exodus xxi. 28. To the same effect see Plato’s Laws, 873.
[258]. Ellis v. Loftus Iron Company, L. R. 10 C. P. at p. 13: “In the case of animals trespassing on land the mere act of the animal belonging to a man which he could not foresee, or which he took all reasonable means of preventing, may be a trespass, inasmuch as the same act if done by himself would have been a trespass.” Cf. Just. Inst. iv. 9.
[259]. D. 1. 5. 2.