Lexipedia

Possessory protection

Legal remedies protecting factual possession against disturbance or dispossession, regardless of who ultimately owns the thing.

Possessory protection shields the factual control of a thing from unlawful interference. Swiss law allows a possessor to react against dispossession or disturbance without first proving ownership, because public order discourages self-help and violent changes of possession. Remedies may include restoration, cessation of disturbance and interim measures, often requiring prompt action. Possession is distinct from ownership: a tenant, borrower or unlawful possessor may have possessory protection against third-party interference, while the owner must use separate ownership claims to establish title.