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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 Protection of Possession in Scots Law

The Protection of Possession in Scots Law

(p.111) 6 The Protection of Possession in Scots Law
The Consequences of Possession

Descheemaeker Eric

Edinburgh University Press

When a possessor has been dispossessed, Scots law handles this in a way that would not be unfamiliar to a lawyer from any civilian system of property law, by following the principle ‘spoliatus ante omnia est restituendus’. The chapter examines this and how the law in Scotland compares with the law elsewhere. Its main focus, however, is on another possessory remedy allowed by Scots law: namely the possessory judgment, which is available in certain circumstances both for the defence and the recovery of possession. There remains a lack of clarity in the relationship between the possessory judgment and the other possessory remedies, which this paper will explore.

Keywords:   Scots law, Spuilzie, possessory judgment, recovery of possession

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