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: 24 July 2021

Possession as a Source of Property at Common Law

Possession as a Source of Property at Common Law

(p.77) 4 Possession as a Source of Property at Common Law
The Consequences of Possession

Descheemaeker Eric

Edinburgh University Press

This chapter traces the provenance and development of the rule that possession generates a general property right at common law, presenting a view that is slightly sceptical of the orthodoxy. The chapter argues that this rule depends for its existence and validity on ex post rationalizations of historical procedure, and that these rationalizations have sometimes obscured the common law’s diverse aims in protecting possession. In light of these aims, it is argued that the common law is not inevitably committed to the view that possession always generates a property right. Indeed, there might be room within the existing authorities for common lawyers to construct a broader range of possible consequences of possession, with the result that the common law of possession might not be so far away from civilian systems as sometimes appears.

Keywords:   English law, common law, entitlement, relativity of title, Armory v Delamirie, Asher v Whitlock

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.