Jump to ContentJump to Main Navigation
The Consequences of Possession$
Users without a subscription are not able to see the full content.

Eric Descheemaeker

Print publication date: 2014

Print ISBN-13: 9780748693641

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9780748693641.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 20 September 2021

Why Protect Possession?

Why Protect Possession?

(p.30) 2 Why Protect Possession?
The Consequences of Possession

Descheemaeker Eric

Edinburgh University Press

Using a comparative analysis – mainly looking at French law with some incursions into English law – this chapter examines the effects of possession through the example of possessory protection in Quebec Law. It considers the appropriate parameters of possessory protection in relation to its functions, arguing that the possessory action has a larger function than the protection of ownership, given its supplementary purpose of protecting against violence. The argument consists of three parts. First, following the examination of the notion of possession and the foundations of the protection of possession, it is submitted that the person with detention of the property should benefit from possessory protection. Second, it is argued that this action should not be subject to the conditions set for a useful possession. Finally, it is submitted that the domain of possessory protection should be extended to movables in order to transcend the obsolete maxim ‘res mobilis res vilis’.

Keywords:   Quebec law, Canadian law, French law, Possession, protection against violence, movables

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.