A person who has actual control over a thing is its possessor. Possession is an important institution in the Turkish Civil Code for the protection of property rights. Possession can be acquired in four ways: by original, derivative, constructive, and inheritance.
1- Original Acquisition
Original acquisition is the acquisition of possession by directly establishing actual control over a thing. In original acquisition, the intention to possess (animus) and the actual control (corpus) are present together. In other words, it is the possession acquired without relying on the will and consent of another. The thing in question may belong to someone else or be ownerless. For example, original acquisition occurs when the possession of another is seized by force. The acquisition of possession by theft is also evaluated in this context. In addition, original acquisition can be done by oneself or with the help of another. For example, a person can acquire possession of a phone by taking it himself or by receiving it from someone else.
2- Derivative Acquisition
Derivative acquisition is the transfer of possession from one possessor to another. It is the possession that passes by terminating one's own possession in favor of the other party. In other words, derivative acquisition is when a person terminates his own possession for the benefit of another. Therefore, in derivative acquisition, the possessor who transfers the possession must renounce his intention to possess and the possessor who receives the possession must show his intention to possess. Here, the original possessor changes.
3- Constructive Acquisition
Constructive acquisition is the acquisition of possession by creating a new control over a thing. Constructive acquisition can occur with or without the consent of the existing possessor. For example, in rental relationships, the original possessor grants a sub-possession to another person with his consent. In this case, the original possessor does not change; a subordinate possession, an accessory possession, is established over the thing. On the other hand, when a person builds a new building or plants a tree on a land, the acquisition of possession without consent occurs.
4- Acquisition by Inheritance
It is the acquisition of possession by inheritance. At the moment of the death of the testator, both possession and ownership are acquired. In acquisition by inheritance, the intention to possess and the actual control elements of the possessor are not required.
Conclusion
Possession is the person who has actual control over a thing. Possession is an important institution for the protection of property rights. Possession can be acquired by original, derivative, constructive, and inheritance. In the acquisition of possession, the intention to possess and the actual control elements must usually be present together. The acquisition of possession does not mean the transfer of a right along with the transfer of possession. The acquisition of possession may vary depending on the will of the possessor who transfers, receives, or acquires the possession. The acquisition of possession also has important consequences for the protection and loss of possession.
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