Zilyetlik

Zilyetlik (possession) is the state of having physical control of a thing and the intention to exercise rights over it. In civil-law systems it is distinct from ownership (mülkiyet): a person may possess without owning, and an owner may not presently possess.

Elements and scope

Zilyetlik typically requires two elements: corpus, the actual physical control of the object, and animus, the intention to possess and use the object as one’s own or as the possessor. Possession can apply to movable things, immovable property, and even intangible rights, depending on national law. The precise rules governing how possession is acquired, maintained, or lost vary between jurisdictions but generally cover actual control and the intent to treat the thing as belonging to the possessor.

Acquisition, transfer, and loss

Possession can be gained through taking control, delivery, occupation, or through legal transfer of possession separate from ownership. It can be transferred from one possessor to another and is lost by dispossession, surrender, abandonment, or cessation of control. In some systems, continuous and genuine possession over time may lead to prescription, potentially converting possession into ownership or conferring certain title-related rights.

Rights, remedies, and limitations

A possessor usually enjoys protection against unlawful disturbance and interference, through possessory remedies or actions to recover possession. Possession does not automatically confer full ownership, but it can support claims to use, defend, or later acquire title under prescribed conditions. The status of possession may differ for good-faith versus bad-faith possessors, influencing remedies and the likelihood of eventual title acquisition.

Notes

The concept and rules surrounding zilyetlik vary by jurisdiction. This article offers a general overview of possession as a factual control framework distinct from ownership within civil-law traditions.