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In the terms of jurisprudence, this metamorphosis from possessor to proprietor is legally impossible; it implies in the jurisdiction of the courts the union of possessoire and petitoire; and the mutual concessions of those who share the land are nothing less than traffic in natural rights.
Finally, M. Troplong goes so far as to maintain that the Roman maxim, Nihil comune habet proprietas cum possessione which contains so striking an allusion to the possession of the ager publicus, and which, sooner or later, will be again accepted without qualification expresses in French law only a judicial axiom, a simple rule forbidding the union of an action possessoire with an action petitoire, an opinion as retrogressive as it is unphilosophical.
In writing this memoir against property, I bring against universal society an action petitoire: I prove that those who do not possess to-day are proprietors by the same title as those who do possess; but, instead of inferring therefrom that property should be shared by all, I demand, in the name of general security, its entire abolition.
This distinction between the jus in re and the jus ad rem is the basis of the famous distinction between possessoire and petitoire, actual categories of jurisprudence, the whole of which is included within their vast boundaries. Petitoire refers to every thing relating to property; possessoire to that relating to possession.
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