The Consequences of Possession synopsis
This is the first attempt to consider in a coherent manner the subject of tenure in law from a comparative and historical perspective. This volume in the Edinburgh Studies Series of Law is an international collection of articles on the results of tenure in law, examined from a comparative and historical perspective.
Trying to answer a number of questions. Why protect possession? How do you understand tenure in civil legal systems and in public law? What are the remedies provided by law for the absolute truth of possession? Although possession has been a subject that has been studied for centuries, there is a surprising paucity of comparative material, and very little in English about the law of non-English-speaking states.
Leaving aside the question of what possession is, the question that has caused a large amount of ink to leak for centuries, this analysis concerns the law's response to "possession". It includes contributions from distinguished scholars from civil traditions (Germany and Italy) as well as common law (England) and mixed legal systems (Quebec, Scotland, South Africa). It includes an international group of shareholders.
Mixed jurisdictions provide key case studies. They have common law and civil law combined. This is the first synthesis of the theory on this subject..
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