Since the earliest times of Roman law, possession has passed through the history of law maintaining its status as an institution, and adapting its functions to meet changing social and economic circumstances. Apart from its evidential effect, which is preserved in all legal systems, it must be remembered that the mediaeval maxim en fait des meubles, possession vaut titre applies frequently today, in nearly every country, to trade in movable property, in spite of a certain tendency towards the need for contractual formalities, given further force by legislation on consumer protection. The possession of immovable property also retains its practical importance, and when it is possession in good faith it is the basis for attributing the profits arising to a person who is looking after the property on behalf of someone else. But registration remains important for usucapio contra tabulas; on the other hand usucapio secundum tabulas retains all its effectiveness. Actions for possession - a creation of the Roman praetor - are often brought before the courts. The conclusion must be that possession civilis, possessio ad interdicta, usucapio, praescriptio etc, are Roman terms that are in common use by modern jurists.
European Review of Private Law