The transmutation of possession in property in Jhering’s possessory theory

Abstract

This work aims to analyse, under a critical view, the possession theories of Friedrich Karl von Savigny and Rudolf von Jhering. Thus, it will be demonstrated that, behind the technical arguments of both romanists, there were different political and philosophical conceptions – by one side, aristocratic, classic and romantic at the same time, Savigny; by other side, bourgeois, Jhering. More than that, the method that the romanists used to reach their intentions will be analysed.