"39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary."
What is the "claim of right" part mean?
2006-09-23 11:47:23 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It means that it is yours or you have a valid claim for it.
Basically, if you own it, or have a VALID claim to owning it, you are allowed to keep someone else from taking it so long as you don't use any more force than necessary to keep it.
(you cannot kill someone just to keep them from taking your car, but if you broke their arm in a fight over it, you are protected from criminal responsibility.)
2006-09-23 13:11:12 · answer #1 · answered by grim reaper 5 · 0⤊ 0⤋
That means the person in possession reasonably believes the property belongs to him. "Reasonably," meands s/he purchased, acquired it as a gift, has a written title to it, etc. "I found it in the woods" is probably insufficient.
2006-09-23 12:00:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
''Possession'' is nine-tenths of the law
2006-09-23 11:54:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you own it.
2006-09-23 11:51:04 · answer #4 · answered by John S 3 · 0⤊ 0⤋