An Essay on Possession in the Common Law
Author | : Frederick Pollock |
Publisher | : |
Total Pages | : 310 |
Release | : 1888 |
Genre | : Possession (Law) |
ISBN | : |
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Author | : Frederick Pollock |
Publisher | : |
Total Pages | : 310 |
Release | : 1888 |
Genre | : Possession (Law) |
ISBN | : |
Author | : Frederick Pollock |
Publisher | : |
Total Pages | : 270 |
Release | : 1888 |
Genre | : Possession (Law) |
ISBN | : |
Author | : Michael JR Crawford |
Publisher | : Bloomsbury Publishing |
Total Pages | : 229 |
Release | : 2020-07-09 |
Genre | : Law |
ISBN | : 1509929940 |
Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession 'rule' is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claims to tangible things. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.
Author | : Eric Descheemaeker |
Publisher | : Edinburgh University Press |
Total Pages | : 244 |
Release | : 2014-05-19 |
Genre | : Law |
ISBN | : 0748693653 |
The first coherent analysis of the topic of possession from a comparative and historical legal perspective. 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).
Author | : Lorna Fox O'Mahony |
Publisher | : Bloomsbury Publishing |
Total Pages | : 568 |
Release | : 2006-12-01 |
Genre | : Law |
ISBN | : 1847312918 |
It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.
Author | : William Blake Odgers |
Publisher | : |
Total Pages | : 396 |
Release | : 1894 |
Genre | : Civil procedure |
ISBN | : |
Author | : Yun-chien Chang |
Publisher | : Cambridge University Press |
Total Pages | : 365 |
Release | : 2015-05-21 |
Genre | : Law |
ISBN | : 1316033384 |
Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.
Author | : Warren Barr |
Publisher | : Bloomsbury Publishing |
Total Pages | : 394 |
Release | : 2015-08-27 |
Genre | : Law |
ISBN | : 1509901833 |
This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Author | : James Gordley |
Publisher | : OUP Oxford |
Total Pages | : 496 |
Release | : 2006-01-05 |
Genre | : Law |
ISBN | : 0191021717 |
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.