posiadania

Posiadanie is a term used in Polish civil law to denote the actual control over a thing with the intention to possess it as one’s own. It refers to a factual situation—who has the thing in their possession and who uses or exercises control over it—regardless of the legal title to the property.

Posiadanie is distinct from ownership (własność). A person may possess without owning, and an owner may not currently exercise possession. The law thus distinguishes between different forms of possession and their legal consequences.

There are several key distinctions within posiadanie. Posiadanie samoistne occurs when the possessor holds the thing as if they were the owner, exercising direct control. Posiadanie zależne happens when the possessor holds the thing under another's title, for example a tenant or custodian. Possession can be in dobrej wierze (in good faith), when the possessor believes they have the right to possess, or w złej wierze (in bad faith), when they do not.

Nabycie posiadania can occur through taking control, obtaining the thing through a transaction, or other circumstance that leads to possession. The law provides protection of possession against unlawful disturbance, allowing the possessor to defend their control and seek relief in court. However, possession alone does not create ownership.

A separate mechanism, zasiedzenie (acquisitive prescription), allows ownership to be acquired through long-lasting possession under certain conditions, including the possessor’s state of mind (good or bad faith) and the duration of possession.

In practical terms, posiadanie affects rights and obligations in daily life, such as tenancy, use of property, and disputes over possession, before any formal transfer or title changes.