Omistussija

Omistussija is a Finnish legal concept referring to the factual possession of a thing at a given moment, meaning who currently has physical control over a movable or immovable asset. It is distinct from omistus, which denotes ownership and the bundle of rights that come with title. A person can have omistussija without being the owner, for example a tenant, borrower, custodian, or finder who exercises actual control.

In civil law, possession can carry protective rights and remedies. Interference with the possessor’s hold on an object may lead to claims to restore possession or seek damages, even when ownership is contested. Conversely, ownership rights can compel a possessor to surrender the item, subject to lawful procedures such as eviction or repossession under applicable rules.

Determining omistussija relies on evidence of actual control and use. This can include the location of the asset, access arrangements, or documents that demonstrate possession, such as leases, custody agreements, inventories, or delivery records. In disputes, courts assess who there is a current hold on the asset, under what authority, and for what purpose.

The relevance of omistussija varies with the type of property. For real estate, possession can be tied to occupancy or use rights; for movable property, it often depends on control and custody in daily life or storage arrangements. See also: ownership, possession in law, bailment, Finnish civil code.