Question

According to whom, animus domini is an essential element of possession?

• A. Karl Von Savigny
• B. Roscoe Pound
• C. Leon Duguit
• D. John Austin

Hint:

Savigny's theory of possession is easy to remember as "Corpus + Animus Domini". Corpus is the body (physical control), and Animus Domini is the mind of the owner (intent to own).

Answer 1

The Correct Option is A

The German jurist Friedrich Karl von Savigny, a prominent figure of the Historical School of law, is famous for his theory of possession.
According to Savigny, true legal possession consists of two essential elements: \begin{enumerate}
Corpus possessionis: The physical element, meaning actual physical control over the object.

Animus domini: The mental element, which Savigny defined as the specific intention to hold the object as its absolute owner.
For Savigny, both physical control and the specific intent to be the owner (\textit{animus domini}) were necessary for possession to exist in the eyes of the law.