We have not here to deal with
the question of domiciliary settlement, as that is a secondary
juridical act which may follow upon possession, or may not occur at
all; for as such it could not involve an original possession, but only
a secondary possession derived from the consent of others.
Simple physical possession, or holding of the soil, involves already
certain relations of right to the thing, although it is certainly
not sufficient to enable me to regard it as mine. Relative to
others, so far as they know, it appears as a first possession in
harmony with the law of external freedom; and, at the same time, it is
embraced in the universal original possession which contains a
priori the fundamental principle of the possibility of a private
possession. Hence to disturb the first occupier or holder of a portion
of the soil in his use of it is a lesion or wrong done to him. The
first taking of possession has therefore a title of right (titulus
possessionis) in its favour, which is simply the principle of the
original common possession; and the saying that "It is well for
those who are in possession" (beati possidentes), when one is not
bound to authenticate his possession, is a principle of natural
right that establishes the juridical act of taking possession, as a
ground of acquisition upon which every first possessor may found.
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