Outline of the Question

254. Occasion and division of the question. Possession, which we have now determined to treat, is not presented for consideration under one aspect only. For:

1. It is the natural way of obtaining ownership of a thing belonging to no one. Cf. what was said concerning the primal fact, nos. 214-215.

2. Annexed to the right in the thing itself, it contains the exercise of that right; and thus it is a mere matter of fact which we omit with impunity. But because it can happen that someone possesses in fact and not by right:

3. The possession of one person can be compared with the uncertain right of another;

4. It can also be compared with the certain right of another who has lost possession.

Hence we shall bring the present question, whose connection with the preceding question is manifest, under two chapters. For we shall see:

In the first chapter, the conflict of possession and an uncertain right, or the privilege by which, in a doubt of right, the case is adjudged to the possessor.

In the other chapter, the conflict of possession and a certain right, or the privilege of prescription.