Relevant bibliographies by topics / Possessory protection

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Possessory protection'

Author: Grafiati
Published: 24 April 2022

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Journal articles on the topic "Possessory protection"

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Debruche, Anne-Françoise, Gustavo Tepedino, and Pablo Renteria. "Protecting Possession, a Question of Values? A Comparative Inquiry into the Moralization of Possession in Brazil and Canada." Revue générale de droit 44, no. 2 (January 21, 2015): 391–443. http://dx.doi.org/10.7202/1028140ar.

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This paper focuses on possessory protection of immovables (or real property) in Brazilian civil law and Canadian common law. In both jurisdictions, possession enjoys a specific protection or status, which in turn relates to the rest of property law, particularly the law of acquisitive prescription, in a specific way. But in and by itself, despite these conceptual differences, possessory protection in Canada or Brazil works in an objective fashion: it is not denied to possessors in bad faith as a principle. Nonetheless, in both systems, the institutions designed to protect possession have been “moralized” by judges to echo concerns similar to those voiced in relation to acquisitive prescription, but also to emphasize human rights, constitutional values and good faith. In Brazil, this moralization process is the consequence of the emergence of a constitutionalized civil law and of the social function of the right of ownership. In several cases, it has allowed illicit buildings to remain where they are despite the owner’s claim, for instance when a favela has appeared on a land neglected by its owner for years. In England, the possessor’s good faith has been scrutinized through his intent to possess, and under the lenses of the future enjoyment criteria, later rejected by the Court of Appeal. In Canada, the test of the inconsistent use of the land has played the same moralizing role and continues to do so, to deny the benefit of adverse possession to squatters and to prevent them from enjoying possessory protection.
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Vladimir, Vodinelic. "What is the purpose of possessory proceedings?: On the reasons for possessory protection of mere possession." Pravni zapisi 4, no. 2 (2013): 274–350. http://dx.doi.org/10.5937/pravzap5-5145.

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Radović, Marko, and Marko Tomić. "Judicial possessory protection disturbed by suspension of delivery of electrical energy." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 262–86. http://dx.doi.org/10.51204/anali_pfub_18211a.

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Noticed problems within law performing that is related to judicial possessory protection due to suspension of delivery of electrical energy encouraged the authors to think of modes of their overcoming. On that way, as a preliminary issue, a need to analyse „everlasting“ theoretical dilemmas about possession as a legal institute has been imposed, and thereafter dilemmas about electrical energy, as a thing in the objective law. This paper’s general focus on judicial procedure of possessory protection due to suspension of delivery of electrical energy makes an unavoidable ground to draft suggestions of solutions related to: disturbance of possession by the one who gave order, operator’s passive legitimation, content of the claim, as well as the applicability of sublegal acts in this procedure. Final goal of this paper is highlighting of mentioned suggestions, whose quality can be experienced only by strict judgement of those who perform law.
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Radović, Marko, and Marko Tomić. "Judicial possessory protection disturbed by suspension of delivery of electrical energy." Anali Pravnog fakulteta u Beogradu 66, no. 2 (2018): 262–86. http://dx.doi.org/10.5937/alanipfb1802262r.

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Vodinelic, Vladimir. "10.5937/pravzap0-6223 = What is the purpose of possessory proceedings? On the reasons for possessory protection of mere possession, Part 2: The reason for judicial protection of mere possession." Pravni zapisi 5, no. 1 (2014): 5–65. http://dx.doi.org/10.5937/pravzap0-6223.

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Kondratenko, Z. K., and D. S. Polushin. "On some aspects of the Institute of possessory protection in the legislation of Russia." Право и государство: теория и практика, no. 6 (2021): 21–24. http://dx.doi.org/10.47643/1815-1337_2021_6_21.

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Guyvan, P. "VINDICATION MECHANISM AS A WAY TO PROTECT UNTITLED POSSESSION AND AN ELEMENT OF POSSESSORY PROTECTION." “International Humanitarian University Herald. Jurisprudence”, no. 50 (2021): 41–45. http://dx.doi.org/10.32841/2307-1745.2021.50.9.

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Klimanova, D. D. "Comparative Legal Analysis of the Possession and Property Claims." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 11 (February 11, 2022): 57–65. http://dx.doi.org/10.17803/2311-5998.2021.87.11.057-065.

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The planned introduction of thepossession and possession protection institutions at the legislative level, along with the existing institutions of proprietorship, limited property rights, and bona fide prescription possession, predetermined the need for a detailed analysis of the proposed provisions of the Draft Federal Law No. 47538-6/5 “On the Amendments to Section Two of Part One of the Civil Code of the Russian Federation” (further in the text — the Draft) and their relationship with the existing norms of civil law. The performed analysis and comparison of the norms of the Civil Code of the Russian Federation further in the text — the Civil Code) on the property rights (vindication, negatory, claim for recognition of rights) protection, bona fide prescription possession protection (claim of a bona fide prescription owner under clause 2 of Article 234 of the Civil Code) with the provisions planned for introduction into the Civil Code and possession protection (possession claim) revealed common features and differences in the constructions of the considered claims, contradictions between the provisions of the Draft and the Civil Code, gaps in the provisions of the Draft. Based on the analysis, the author proposes the following conclusions: the construction of the possessioner’s claim provides the possibility for circumventing the vindication rules by the titular owner; there is no need to consolidate the claim for the protection of the bona fide prescription possession along with the possessory action.
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Marais, EJ. "Protecting Quasi-Possession of Electricity Supply with the Mandament van Spolie – Has the Supreme Court of Appeal Switched Off this Possibility? [A Discussion of Eskom Holdings Soc Ltd v Masinda 2019 5 SA 386 (SCA)]." Stellenbosch Law Review 2021, no. 2 (2021): 215–33. http://dx.doi.org/10.47348/slr/2021/i2a2.

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In Eskom Holdings SOC Ltd v Masinda 2019 5 SA 386 (SCA) (“Masinda”), the Supreme Court of Appeal had to decide whether the mandament van spolie is available for restoring quasi-possession of electricity supply. The respondent used the mentioned supply, which was sourced in contract, at her home. The court ruled that the spoliation remedy does not protect the quasi-possession of rights sourced in contract. For its quasi-possession to enjoy possessory protection, the right must be in the nature of a servitude, be registered or flow from legislation. This emphasis on the source of the right is problematic for two reasons. First, it contradicts certain common-law authorities which reveal that the quasi-possession of electricity supply sourced in contract does, in fact, enjoy protection under the spoliation remedy. This applies as long as the supply is a gebruiksreg (use right) and the spoliatus performs physical acts associated with the right on immovable property. Secondly, (over)emphasising the source of the right potentially undermines various fundamental rights. When the common law is open to several possible interpretations, as seems to be the case with quasi-possession, the supremacy of the Constitution and the single-system-of-law principle require that courts choose the interpretation that upholds (rather than impairs) constitutional rights. In the Masinda case, the court unfortunately opted for an understanding of quasi-possession which seems to undermine the Constitution. For these reasons, the decision is an unwelcome development.
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Epstein, Richard A. "Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia." British Journal of American Legal Studies 6, no. 1 (May 24, 2017): 109–35. http://dx.doi.org/10.1515/bjals-2017-0007.

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Abstract The late Justice Antonin Scalia sensibly pushed his powerful originalist agenda as a bulwark against activist justices of any persuasion from enacting their policy preferences into law. But while this commitment to originalism may explain what the justices should not do, it does not explain, affirmatively, how they should interpret constitutional texts in accordance with the originalist agenda. One area in which this is most critical is the law of takings, which polices the boundary line between private rights and public power. Here it is necessary to integrate explicit constitutional provisions dealing with the terms “taken,” “private property,” “just compensation,” “public use,” and the implied “police power” into a coherent whole. The law of takings is relatively straightforward when the government takes private property into public possession. But it is far more difficult to explicate when private parties retain some interests in property after the government either occupies or regulates the use and disposition of the rest. Justice Scalia’s application of takings law to such cases of divided interests has fallen short in four key contexts: the permitting process in Nollan; rent control in Pennell; development rights in Lucas; and environmental protection schemes in Stop the Beach Renourishment. In these cases, Justice Scalia often reached the right result for the wrong reasons, often on ad hoc grounds. The correct analysis requires a far more thoroughgoing protection of private property interest in the context of both regulatory and possessory takings. This article explains how he should have handled these missed opportunities.
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Dissertations / Theses on the topic "Possessory protection"

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Masmejan, Lucien. "La protection possessoire en droit romano-canonique médiéval (XIIIe-XVe siècles) /." Montpellier : Société d'histoire du droit et des institutions des anciens pays de droit écrit, 1991. http://catalogue.bnf.fr/ark:/12148/cb35487026s.

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Tlapová, Gabriela. "Rušená držba." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-373185.

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This diploma thesis "Disturbed possession" deals with the theme of possession and its protection against disturbing. Possession as one of the basic institutes of law has seen several changes in its legal concept on the territory of the Czech Republic in the history. The Civil Code no. 89/2012 Coll. has brought the concept of possession and its protection which is based on the concept of the doctrine of law science from the First republic. As this "new" concept is discontinous with the previous concept of the Civil Code no. 40/1964 Coll. interpretation and application of this new concept will be rather complicated. This thesis firstly tackles the theoretical concept of possession - i.e. what the object of possession is, how the possession is acquired, lost and retained, what qualities there are of lawful possession, who can be the subject of possession. The second part of the thesis describes the historical development of the concept of possession. The last part of the thesis focuses on how possession is described in Civil Code no. 89/2012 Coll. In this part of the thesis characteristic features and nature of trespass are described. This problematics is also mentioned in the view of the Austrian civil law. Key words: Possession, lawful possession, protection of possession, disturbing possession,...
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Books on the topic "Possessory protection"

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Margellos, Théophile M. La protection du vendeur à crédit d'objets mobiliers corporels à travers la clause de réserve de propriété: Étude de droit comparé. Paris: Libr. générale de droit et de jurisprudence, 1989.

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Wieser, Charlotte. Gutgläubiger Fahrniserwerb und Besitzesrechtsklage: Unter besonderer Berücksichtigung der Rückforderung "entarteter" Kunstgegenstände. Basel: Helbing & Lichtenhahn, 2004.

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Masmejan, Lucien. La protection possessoire en droit romano-canonique médiéval, XIIIe-XVe siècles. Montpellier: [Société d'histoire du droit et des institutions des anciens pays de droit écrit], 1990.

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Book chapters on the topic "Possessory protection"

1

Fox, D., RJC Munday, B. Soyer, AM Tettenborn, and PG Turner. "26. Non-possessory security." In Sealy and Hooley's Commercial Law, 968–94. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198842149.003.0026.

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This chapter focuses on non-possessory security. It begins with a discussion of mortgages and their definitions. A mortgage involves the transfer of ownership of property from the mortgagor (the debtor or a third party) to the mortgagee (the creditor) as security for a debt or other obligation. The chapter then considers equitable charges and their definition, which include fixed and floating charges, before moving on to consider equitable liens. The chapter also examines statutory control with respect to non-possessory security, with particular emphasis on the protection of third parties and debtors.
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Clarke, MA, RJA Hooley, RJC Munday, LS Sealy, AM Tettenborn, and PG Turner. "26. Non-possessory security." In Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.003.0026.

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This chapter focuses on non-possessory security. It begins with a discussion of mortgage and its definitions, along with a number of relevant cases such as Downsview Nominees Ltd v First City Corpn Ltd (1993) and Swiss Bank Corpn v Lloyds Bank Ltd (1982). It then considers equitable charge, which includes fixed and floating charges, and equitable lien. An equitable lien is similar to an equitable charge; both attach to property belonging to another until certain specific claims have been satisfied. One difference is that an equitable lien arises by operation of law, whereas a charge is created by agreement of the parties. The chapter also examines statutory control with respect to non-possessory security, with particular emphasis on the protection of third parties and debtors.
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Baker, John. "Copyhold." In Baker and Milsom Sources of English Legal History, 217–30. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198847809.003.0007.

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The principal purpose of this chapter is to show how the tenant by copy of court roll evolved from a manorial tenant in villeinage, with no protection against his lord at common law, into a landowner with a property right enforceable in the central courts. The means was the action of ejectment, which rested on a lease of the copyholder’s possessory interest. This was settled in the King’s Bench by the 1570s, though the Common Pleas did not at first acquiesce. The copyholder’s estate was governed by the custom of the manor of which the land was held, and this gave rise to difficulties over its legal qualities, particularly with regard to entailed copyhold.
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Journal articles
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