| 单词 | Constructive possession |
| 释义 | 推定管有 The degree of control over chattels recognised by the law as amounting to possession even though the chattel in question is not physically held by the person. For example, a principal or employer has constructive possession through his or her agent or employee. A chattel in the continuous custody of a person (such as a bailee) may undergo a change in constructive possession from one person (such as a seller) to another person (such as a buyer) without any physical transfer, merely by an acknowledgement by the seller that the goods are now held for the buyer who then has constructive possession: Madras Official Assignee v Mercantile Bank of India Ltd [1935] AC 53. See also Actual possession; Possession. 實產雖然實際上未被人持有，但其受人支配的程度巳達到法律承認的構成管有度。例如委托人或僱生通過其代理人或僱員推定管有。實產由一人連續保管（如受托人）雖未有實質轉移，可經歷由一人（如賣方）向另一方（如買家）轉換推定管有，即只需由賣方確認聲名貨品現由他為買家持有，他即便取得推定管有：Madras Official Assignee v Mercantile Bank of India Ltd [1935] AC 53。另見 Actual possession; Possession。 |
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