
The classification of possession as a subjective right or an actual state has always been controversial in the civil law. The author believes that this dispute was only seemingly resolved in favour of the view that possession is an actual
state. To resolve this dilemma the author carries out an analysis of the arguments expressed by both sides of the discussion. The shortcomings of the this argumentation requires further analysis. The author focuses on analysing
the concept of subjective right and listing the constitutive elements of this concept. To resolve the dispute concerning the legal classification of possession, the author analyses indicated constitutive elements of the subjective right in the context of the possessor’s legal situation.