4.1.222 to 4.1.224

Again, many authorities hold that possession can be retained merely by intention; that is to say, that though we ourselves may not be in possession, nor anyone else in our name, still, if there be no intention of relinquishing possession, and we leave the property, intending afterwards to return, we are deemed to have retained possession of it. We stated in the Second Commentary by what persons we could obtain possession, nor is there any doubt that we cannot obtain it by mere intention. (154) The interdict for the purpose of recovering possession is usually granted where anyone has been ejected by violence, for the interdict which is issued begins as follows: "In the place from which you have been forcibly ejected"; and by means of it the party who ejected the other is compelled to restore possession of the property to him, provided the latter did not himself obtain possession either by violence, or clandestinely, or by permission from the former; hence, I can eject with impunity anyone who has obtained possession from me either by violence, or clandestinely, or by permission. (155) Sometimes, however, even though I should forcibly eject the party who obtained possession from me either by violence, or clandestinely, or by permission, I can be compelled to restore possession to him; for instance, if I should eject him by force of arms, for, on account of the atrocity of the crime, I am liable to have proceedings instituted against me by which I shall be absolutely obliged to reinstate him in possession. We understand by the expression, "force of arms," not only the use of shields, swords, and helmets, but also that of sticks and stone.