Integrating Common Law and Civil Law Traditions
Chapter 3: Origins of title: possession and its effects
Possession has long been a source of interest and curiosity among jurists, particularly due to its significant effects. Carbonnier has described civil law possession as conferring on the possessor “a series of blessings”, while in the common law, the notion of possession is considered both essential and vital for people. From a theoretical point of view, the importance of possession is sometimes explained by reference to Kant, according to whom appropriation by first possession is justified by categorical imperatives, or to Hegel, who argued that possession is worthy of protection because objects, once appropriated, fall into the sphere of the individual’s will. Despite the difficulty - or, according to some, the impossibility - of defining possession, the increasing globalisation of law and issues of harmonisation between different jurisdictions prompts us to consider whether different legal traditions share common conceptions of possession.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.