Possession, Relative Title, and Ownership in English Law
Possession, Relative Title, and Ownership in English Law

Author: Luke Rostill

Publisher: Oxford University Press

Published: 2021-02-10

Total Pages: 192

ISBN-13: 0192581058

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This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.

Law and Economics of Possession
Law and Economics of Possession

Author: Yun-chien Chang

Publisher: Cambridge University Press

Published: 2015-05-21

Total Pages: 365

ISBN-13: 1316033384

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Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.

Possession and Ownership
Possession and Ownership

Author: Aleksandra I︠U︡rʹevna Aĭkhenvalʹd

Publisher: Oxford University Press

Published: 2013

Total Pages: 342

ISBN-13: 0199660220

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Linguists and anthropologists explore the intriguing variety of possessive phrases denoting ownership of property, whole-part relations (such as body and plant parts), and blood and affinal kinship relations across a wide range of languages. Like others in the series this pioneering book will be equally valued in linguistics and anthropology.

Origins of Possession
Origins of Possession

Author: Philippe Rochat

Publisher: Cambridge University Press

Published: 2014-09-11

Total Pages: 337

ISBN-13: 1107032121

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This book studies the psychology surrounding the development of owning and sharing in humans across different cultures.

Possession of Land
Possession of Land

Author: Mark Wonnacott

Publisher: Cambridge University Press

Published: 2006-10-26

Total Pages: 170

ISBN-13: 1139461079

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Nothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.

Having
Having

Author: William Schweiker

Publisher: Wm. B. Eerdmans Publishing

Published: 2004

Total Pages: 432

ISBN-13: 9780802824844

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In today's market economies, people constitute much of their identity in relation to the things they possess, and communities facilitate social intercourse and survival by means of property relations. What, if anything, might the study of the biblical religions contribute to thinking about and responding to the basic reality of "having"? In this book scholars in a variety of fields -- theology, ethics, economics, and biblical studies -- address in new and penetrating ways the meaning of "having" in religious and social life and offer a number of compelling answers to challenging questions about property and possession in our present, global age.

Consequences of Possession
Consequences of Possession

Author: Eric Descheemaeker

Publisher: Edinburgh University Press

Published: 2014-05-19

Total Pages: 244

ISBN-13: 0748693653

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The first coherent analysis of the topic of possession from a comparative and historical legal perspective. The volume comprises contributions from some very distinguished scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa).

The Turning Point in Private Law
The Turning Point in Private Law

Author: Ugo Mattei

Publisher: Edward Elgar Publishing

Published: 2018-10-26

Total Pages: 262

ISBN-13: 1786435187

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Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.