This article examines the distinction between possession and detention in a comparative law perspective. Its main framework resides in the classical theories of possession, such as those established by and , along with the contemporary doctrine of The examination of the concept of possession and detention outlined in this article focuses on the property law of Brazil, Germany, France and Austria. This article analyzes the legal implications of bad faith possession, in particular on the rights of retention, compensation for necessary improvements and maintenance costs. Ultimately, the article establishes a connection in Brazilian law between an owner acting in bad faith and a possessor acting in bad faith. It revisits the rules of compensation for improvements through the perspective of unjust enrichment.
