Propriasjon

Propriasjon is a legal principle rooted in Scandinavian law, particularly within Norwegian, Danish, and Swedish legal systems. It refers to the right of a person to possess and control property, especially in a situation where they have acquired possession in good faith and under lawful circumstances. The concept of propriasjon emphasizes the importance of maintaining stability in possession rights and providing legal protection to those who possess property, even if they are not the rightful owners.

In practice, propriasjon often applies to cases involving the recovery of possession or the protection of possessory rights against unlawful interference. For example, a person who has taken possession of another's property with the owner's consent or in accordance with legal provisions may obtain certain protections under the doctrine of propriasjon. This can include the right to retain possession against third parties claiming superior rights, provided the possession is deemed legitimate.

The legal framework surrounding propriasjon also includes principles that distinguish it from ownership rights; notably, that it does not necessarily confer ownership but grants a possessory right that can be defended in specific legal contexts. Propriasjon is closely related to the concept of "possession" in civil law but carries particular nuances as interpreted within Scandinavian legal traditions.

The doctrine plays a significant role in civil law disputes concerning property, particularly in areas such as real estate, movable goods, and tenant rights. Its purpose is to promote stability and predictability in property relations while balancing the rights of possessors and owners under the law.