다수인의 간접점유

Indirect Possessions of Multiple Parties

The Judgment of the Supreme Court treated in this study concerns the case where creditors of a person who is a lessor and a owner of building insisted indirect possession and interdicta against the new owner, who had forcibly taken the building away from the former owner’s creditors. The Court dismissed the recovery demand on the grounds that the creditors were not indirect possessors. On the assumption of existence of partnership between the lessor and his creditors, they jointly share indirect possession of the leased object, so that the creditors who are also the indirect possessors are able to exercise possessory remedies. This indicates that a member of the partnership is in the position of an indirect possessor of the partnership asset, even though the person did not actually create contractual relationship such as lease contract.