What does constructive possession mean?
Definitions for constructive possession
con·struc·tive pos·ses·sion
This dictionary definitions page includes all the possible meanings, example usage and translations of the word constructive possession.
Princeton's WordNet
constructive possessionnoun
(law) having the power and intention to have and control property but without direct control or actual presence upon it
Wikidata
Constructive possession
Constructive possession is a legal fiction to describe a situation where an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession. For example, if one's car is sitting in one's driveway, one has physical possession of the car. However, any person with the key has constructive possession, as they may take physical possession at any time without further consent from one. Constructive possession is an important concept in both the criminal law regarding theft and embezzlement, and the civil law regarding possession of land and chattels. For example, if someone steals your credit card number, the actual credit card never leaves your actual possession, but the person who has stolen the number does have constructive possession, and could most likely be charged with theft of your credit card information. Constructive possession is also an important concept in cases of seizure of goods by private or government authorities. Take, for example, a large piece of equipment. Should money be loaned against the value of the equipment, and the loan goes into default, the creditor may find it difficult to actually remove the equipment in a timely manner. However, it may by notice to the borrower take constructive possession, which effectively prevents the borrower from further using the equipment pending its removal. Similarly, when a landlord exercises a contractual remedy of distraint of goods for unpaid rent, the landlord need not remove the goods from the premises, but may take constructive possession of the goods through a simple declaration. At that point, if the tenant attempted to remove them, the tenant would be guilty of theft.
Matched Categories
Numerology
Chaldean Numerology
The numerical value of constructive possession in Chaldean Numerology is: 4
Pythagorean Numerology
The numerical value of constructive possession in Pythagorean Numerology is: 4
Translations for constructive possession
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"constructive possession." Definitions.net. STANDS4 LLC, 2024. Web. 6 May 2024. <https://www.definitions.net/definition/constructive+possession>.
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