The Concept of Possession in Roman Law and Common Law

This article examines the legal regulation of possession in Roman law and in contemporary common law. Its objective is to identify and assess the key similarities and differences between these two legal traditions and to demonstrate that, despite their fundamental systematic distinctions, the influence of Roman law on the development of common law has been more substantial than often assumed. The analysis shows that, notwithstanding divergent historical developments and systematic characteristics, both systems articulate conceptually comparable understandings of possession. The findings further confirm that Roman law contributed, at least to some degree, to the shaping of common law, underscoring the enduring reach of Roman law not only within continental legal systems but also within modern common law jurisdictions.