The Consequences of Possession

Eric Descheemaeker

Published by Edinburgh University Press 2014

The Consequences of Possession

Eric Descheemaeker

In the series Edinburgh Studies in Law

https://doi.org/10.1515/9780748693658

Overview
Contents

About this book

The first coherent analysis of the laws surrounding possession from a comparative and historical perspective

Possession is a topic which has been researched for centuries, yet there is a surprising dearth of comparative materials and also very little available in English about the law of non-Anglophone jurisdictions. Leaving aside the question of what possession is, this analysis concerns itself with the law's response to 'possession'. The volume comprises contributions from some very distinguished scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa).

Key Features

Written by an international set of contributors from jurisdictions including Germany, Italy, England, Quebec, Scotland and South Africa
Looks at common law, civil law and combined jurisdictions
The first synthesis of theory on the subject of possession

The Contributors

Craig Anderson, Lecturer in Law at Robert Gordon University, Aberdeen

Raffaele Caterina, Professor of Law at the University of Turin

Eric Descheemaeker, Lecturer in European Private Law at the University of Edinburgh

Simon Douglas, CUF Lecturer in the University of Oxford and Fellow and Tutor in Law at Jesus College, Oxford

Yaëll Emerich, Associate Professor at the Faculty of Law, McGill University, Montréal

Robin Hickey, Senior Lecturer in Law at Queen’s University Belfast

Duard Kleyn, Professor of Law at the University of Pretoria

Lena Kunz, Post-doctoral Researcher at the Institute of Legal History, University of Heidelberg

Thomas Rüfner, Professor of Law at the University of Trier and Judge on the Court of Appeal in Koblenz

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Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Foreword Publicly Available Download PDF	vii
List of Contributors Publicly Available Download PDF	viii
Table of Cases Publicly Available Download PDF	ix
Table of Statutory Materials Publicly Available Download PDF	xvii
1. The Consequences of Possession Eric Descheemaeker Requires Authentication Unlicensed Licensed Download PDF	1
2 Why Protect Possession? Yaëll Emerich Requires Authentication Unlicensed Licensed Download PDF	30
3. Is Possession Factual or Legal? Simon Douglas Requires Authentication Unlicensed Licensed Download PDF	56
4. Possession as a Source of Property at Common Law Robin Hickey Requires Authentication Unlicensed Licensed Download PDF	77
5. The Evolution of Possessory Actions in France and Italy Raffaele Caterina Requires Authentication Unlicensed Licensed Download PDF	95
6. The Protection of Possession in Scots Law Craig Anderson Requires Authentication Unlicensed Licensed Download PDF	111
7. Possessio civilissima in Spanish and German Law: Protecting Possession between Fact and Fiction Lena Kunz Requires Authentication Unlicensed Licensed Download PDF	141
8. Possession of Incorporeals Thomas Rüfner Requires Authentication Unlicensed Licensed Download PDF	171
9. The Protection of Quasi-Possession in South African Law Duard Kleyn Requires Authentication Unlicensed Licensed Download PDF	185
Index Requires Authentication Unlicensed Licensed Download PDF	211

(Deutsch)

Language: English
Publisher: Edinburgh University Press
Audience: College/higher education;
Pages
- Main content: 256
Keywords: Law

eBook

Published: May 19, 2014
ISBN: 9780748693658