The Consequences of Possession (Edinburgh Studies in Law)

By: Eric Descheemaeker

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Synopsis: Provides key entry points into the broad subject of possession in a comparative perspective. Although possession is a topic which has been researched for centuries, 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 on what possession is, a question that has caused a considerable amount of ink to be spilled for centuries, 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). It is the first attempt to look in a coherent fashion at the topic of possession from a comparative and historical perspective.