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The protection of possession in Scots law.

Anderson, Craig


Craig Anderson


Eric Descheemaeker


This paper is concerned with how possession is protected in Scots law. Most of the paper is concerned with one possessory remedy in particular, the so-called possessory judgment. To see how this fits into the law of possession more generally, we shall begin with an overview of the Scots law of possession. Unlike the majority of civilian systems of property law, Scots law is not codified. Except where the law is governed by statute (and the law of possession is largely free from this), we look to the institutional writers of Scots law, especially Stair, and to the decisions of the courts.


ANDERSON, C. 2014. The protection of possession in Scots law. In Descheemaeker, E. (ed.) The consequences of possession. Edinburgh: Edinburgh University Press [online], pages 111-140. Available from:

Online Publication Date Dec 31, 2014
Publication Date May 31, 2014
Deposit Date Nov 13, 2014
Publicly Available Date Nov 13, 2014
Publisher Edinburgh University Press
Pages 111-140
Book Title The protection of possession in Scots law
ISBN 9780748693641
Keywords Scots Law; Possession; Possessory judgment
Public URL
Publisher URL


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