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The Consequences of Possession

Edited by: Eric Descheemaeker

ISBN13: 9780748693641
Published: May 2014
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £100.00
Paperback edition not yet published, ISBN13 9781399571937



Despatched in 7 to 9 days.

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

Subjects:
Legal History
Contents:
Foreword
Table of Cases
Table of Statutory Materials
1. The Consequences of Possession, Eric Descheemaeker
2. Why Protect Possession?, Yaëll Emerich
3. Is Possession Factual or Legal?, Simon Douglas
4. Possession as a Source of Property at Common Law, Robin Hickey
5. The Evolution of Possessory Actions in France and Italy, Raffaele Caterina
6. The Protection of Possession in Scots Law
Craig Anderson
7. Possessio civilissima in Spanish and German law: Protecting Possession between Fact and Fiction
Lena Kunz
8. Possession of Incorporeals, Thomas Rüfner 9. The Protection of Quasi-Possession in South African Law, Duard Kleyn
Index