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The Consequences of Possession

Edited by Eric Descheemaeker

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The first coherent analysis of the laws surrounding possession from a comparative and historical perspective

Possession is a topic which has been researched for centuries, yet 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 of what possession is, 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).

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Table of Cases
Table of Statutory Materials
1. The Consequences of Possession, Eric Descheemaeker
2. Why Protect Possession?, Yaëll Emerich
3. Is Possession Factual or Legal?, Simon Douglas
4. Possession as a Source of Property at Common Law, Robin Hickey
5. The Evolution of Possessory Actions in France and Italy, Raffaele Caterina
6. The Protection of Possession in Scots Law
Craig Anderson
7. Possessio civilissima in Spanish and German law: Protecting Possession between Fact and Fiction
Lena Kunz
8. Possession of Incorporeals, Thomas Rüfner 9. The Protection of Quasi-Possession in South African Law, Duard Kleyn

About the Author

Dr. Eric Descheemaeker is Lecturer in European Private Law at the University of Edinburgh School of Law.


The obvious strength of the work is in scholarly analysis and comparative debate … The work has much to offer and is a credit to the authors, editor, and the Edinburgh Studies in Law series.

- David Carey Miller, Aberdeen University, Edinburgh Law Review

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