Edinburgh Studies in Law

The Consequences of Possession

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Published 31 October 2026

About this book

The first coherent analysis of the laws surrounding possession from a comparative and historical perspective

Possession is a topic which has been researched for centuries, yet there is a surprising dearth of comparative materials and also very little available in English about the law of non-Anglophone jurisdictions. Leaving aside the question of what possession is, this analysis concerns itself with the law's response to 'possession'. 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).

Key Features
  • Written by an international set of contributors from jurisdictions including Germany, Italy, England, Quebec, Scotland and South Africa
  • Looks at common law, civil law and combined jurisdictions
  • The first synthesis of theory on the subject of possession
The Contributors

Craig Anderson, Lecturer in Law at Robert Gordon University, Aberdeen

Raffaele Caterina, Professor of Law at the University of Turin

Eric Descheemaeker, Lecturer in European Private Law at the University of Edinburgh

Simon Douglas, CUF Lecturer in the University of Oxford and Fellow and Tutor in Law at Jesus College, Oxford

Yaëll Emerich, Associate Professor at the Faculty of Law, McGill University, Montréal

Robin Hickey, Senior Lecturer in Law at Queen’s University Belfast

Duard Kleyn, Professor of Law at the University of Pretoria

Lena Kunz, Post-doctoral Researcher at the Institute of Legal History, University of Heidelberg

Thomas Rüfner, Professor of Law at the University of Trier and Judge on the Court of Appeal in Koblenz

Table of contents
Foreword; Table of Cases; Table of Statutory Materials; 1. The Consequences of Possession, Eric Descheemaeker; 2. Why Protect Possession?, Yaëll Emerich; 3. Is Possession Factual or Legal?, Simon Douglas; 4. Possession as a Source of Property at Common Law, Robin Hickey; 5. The Evolution of Possessory Actions in France and Italy, Raffaele Caterina; 6. The Protection of Possession in Scots Law; Craig Anderson; 7. Possessio civilissima in Spanish and German law: Protecting Possession between Fact and Fiction; Lena Kunz; 8. Possession of Incorporeals, Thomas Rüfner 9. The Protection of Quasi-Possession in South African Law, Duard Kleyn; Index.
About the author

Eric Descheemaeker

Eric Descheemaeker is Lecturer in European Private Law at the University of Edinburgh School of Law.

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