The protection of possession in Scots law.

Anderson, Craig

Abstract

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.

Citation

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: https://edinburghuniversitypress.com/book-the-consequences-of-possession.html

• 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: http://hdl.handle.net/10059/1072
• Publisher URL: https://edinburghuniversitypress.com/book-the-consequences-of-possession.html
• Contract Date: Nov 13, 2014