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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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The Evolution of Possessory Actions in France and Italy

The Evolution of Possessory Actions in France and Italy

(p.95) 5 The Evolution of Possessory Actions in France and Italy
The Consequences of Possession

Descheemaeker Eric

Edinburgh University Press

The system of possessory actions in France, Germany and Italy is the product of a stratification of legal institutes having different origins. The three main ingredients were: (i) the Roman interdicts; (ii) the protection of German Gewere; (iii) the actio spolii – a canon law remedy. Concentrating on the French and Italian systems, but with some comparative digression on German law, this chapter follows the unique way in which these same ingredients have been mixed in the different continental legal systems – leading both to peculiarities which are the product of historical accidents, and to convergences which are the products of practical needs. In particular, it highlights the tendency, emerging in all legal systems, to extend the right to bring possessory actions to mere holders, like lessees and depositaries, which were not possessors in Roman law.

Keywords:   French law, German law, Italian law, Gewere, actio spolii, complainte, réintégrande, holders

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