
Contents
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A. What is possession and why protect it? A. What is possession and why protect it?
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(1) Three levels of possession (1) Three levels of possession
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(2) Possession in Roman law (2) Possession in Roman law
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(3) Possession in the civilian tradition (3) Possession in the civilian tradition
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(4) Possession in English law (4) Possession in English law
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(5) The grounds of protection (5) The grounds of protection
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(6) Corpus and animus (6) Corpus and animus
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B. The Mechanisms of Protection B. The Mechanisms of Protection
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(1) Roman law (1) Roman law
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(2) The civilian tradition (2) The civilian tradition
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(3) English law (3) English law
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C. Possession as a Fact and Possession as a Right C. Possession as a Fact and Possession as a Right
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D. “Quasi-possession”:The Possession of Incorporeals D. “Quasi-possession”:The Possession of Incorporeals
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1 The Consequences of Possession: Eric Descheemaeker
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Published:June 2014
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Abstract
This introductory chapter examines four questions: 1) Why protect possession?; 2) How is possession protected?; 3) How does the fact of possession relate to any rights to or of possession?; 4) What is so-called “quasi-possession”? One theme that is highlighted throughout the chapter is that the distance between the two great western legal traditions in this field might not be as great as is commonly believed, English law and modern civilian systems having both emerged at the crossroads of Roman law, canon law and feudalism. In this, the two of them belong to a pan-European current of concepts and doctrines which has shaped the modern law in all the jurisdictions examined, if in markedly different ways.
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