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The Consequences of Possession$
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Eric Descheemaeker

Print publication date: 2014

Print ISBN-13: 9780748693641

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9780748693641.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 30 March 2020

Why Protect Possession?

Why Protect Possession?

Chapter:
(p.30) 2 Why Protect Possession?
Source:
The Consequences of Possession
Author(s):

Descheemaeker Eric

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748693641.003.0002

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

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