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In the case of a double sale of movable property, possession refers to both_____and______

Option 1: Constructive and Actual
Option 2: Actual and Legal
Option 3: Legal and Constructive
Option 4: Symbolic and Actual

User Mordaroso
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Final answer:

In a double sale of movable property, possession includes both constructive, which is the legal right to the property, and actual, which is the physical control over it. The party who first acquires possession in good faith is generally favored in disputes. Laws and principles of justice in acquisition and transfer determine rightful ownership.

Step-by-step explanation:

In the case of a double sale of movable property, possession refers to both constructive and actual possession. When a single item of property is sold to two different buyers, the question of rightful ownership can come into play. According to principles of law, acquisition and the transfer of property must be just and equitable.

Constructive possession indicates that a person has legal rights and an identifiable claim to the property without necessarily having physical control over it. This can arise through documentation or legal entitlement. On the other hand, actual possession means that the person has physical control over the property or is physically occupying it. The prevailing rule in disputes involving double sale is typically that the first to take possession in good faith will be favored. However, the application of this rule can vary depending on the specifics of the law in the jurisdiction where the dispute takes place.

Therefore, when considering the rights to possession in a double sale scenario, the details of how the property was acquired and transferred, in accordance with the principles of justice, are critically important. The parties' rights to the property are determined by either or both types of possession and the just application of the law.

User Trojan
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