THE GENESIS OF ROMAN INSTITUTIONS FOR THE PROTECTION OF POSSESSION

Romanova Natalia Vladimirovna

The article deals with the formation and development of the institution of possession and possessory protection in Roman law. The article describes the concept of possession and its protection in Roman law, as well as the theories of possession developed by the lawyers of ancient Rome, which influenced the formation of modern institutions of the possessory continental legal system. The desire to own and protect property has accompanied humanity since time immemorial. It can be said that the way of thinking that allows us to consider a certain thing as our own, to dispose of it without hindrance and to impose this fact on others, is one of the reasons for the emergence of any legal system. The protection of acquired property, not only by physical force, but also by a greater force acting constantly, infinitely and against all, has become a necessary need of developing human society. The division of things into "mine" and "yours" is a logical reflection of man's dualistic thinking. Moreover, if we accept the idea of the classical jurist Ulpian, who explains the concept of IUS NATURALE as the right QUO NATURA OMNIA ANIMALIA DOCUIT, that is, the right that nature has embodied in all living beings.

Keywords:Roman law, possession, possessory protection, possessory claims.