The Consequences of Possession (Edinburgh Studies in Law) - Hardcover

Eric Descheemaeker

Hardcover

ISBN 10: 0748693645 ISBN 13: 9780748693641

Publisher: Edinburgh University Press, 2014

Synopsis

This is the first attempt to look in a coherent fashion at the topic of possession in Law from a comparative and historical perspective. This volume in the Edinburgh Studies in Law series is an international collection of essays on the consequences of possession in law, examined from a comparative and historical perspective. It attempts to answer a number of questions. Why protect possession? How is possession understood in civilian legal systems and in the common law? What are the remedies provided by the law for the sheer fact of possession? 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'. It 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 features an international collection of contributors. Mixed jurisdictions provide the key case studies. It has the common law and civil law combined. It is the first synthesis of theory on the subject.

About this title

About the Author

Eric Descheemaeker is Lecturer in European Private Law at the University of Edinburgh School of Law. Elspeth Reid is Professor of Scottish Private Law at the University of Edinburgh. She has published extensively in Scotland and abroad on comparative private law themes, including in particular the law of delict/tort.

From the Back Cover

EDINBURGH STUDIES IN LAW Series Editor: Elspeth Christie Reid Volume 11 The Consequences of Possession Edited by Eric Descheemaeker Compares the law of possession across the divide between the civilian tradition and the common law The theme of this edited volume is the consequences that the law attaches to the recognition of a possessory relationship between a person and a thing in a comparative perspective. The comparative law of property is a budding, but still extremely underdeveloped, field of study; yet its importance is self-evident in an age of Europeanisation of law and legal scholarship. Bringing together contributions of scholars from the civilian tradition (France, Germany, Italy), the common-law world (England) and mixed legal systems (Quebec, Scotland, South Africa), The Consequences of Possession focuses on the protection of possession across the divide between the two great western legal traditions. Eric Descheemaeker is Lecturer in European Private Law at the University of Edinburgh. Among his previous publications are The Division of Wrongs: A Historical Comparative Study (2009) and Iniuria and the Common Law (edited with Helen Scott, 2013). Logo reproduced by the kind permission of the Faculty of Advocates [EUP logo] www.euppublishing.com

Edition details

• Publisher: Edinburgh University Press
• Publication date: 2014
• Language: English
• ISBN 10: 0748693645
• ISBN 13: 9780748693641
• Binding: Hardcover
• Number of pages: 256
• Editor: Eric Descheemaeker