Law and Economics of Possession


Book Description

Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.




Possession, Relative Title, and Ownership in English Law


Book Description

This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.




The Fugitive's Properties


Book Description

In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films. Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.




Consequences of Possession


Book Description

The first coherent analysis of the topic of possession from a comparative and historical legal perspective. 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).




Roman Law and the Legal World of the Romans


Book Description

Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.




Possession of Land


Book Description

Nothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.







Law and Economics of Possession


Book Description

Analyses the concept of possession, including specific issues such as adverse possession.




Nine-tenths of the Law


Book Description

"Millions of foreclosed homes and abandoned buildings on one hand; millions of Americans desperate for decent shelter on the other. Hannah Dobbz makes the necessary addition of resources and needs in a book that is both a brilliant history of squatting in the USA and a template for the next stage of the Occupy movement.--Mike Davis, author of Planet of Slums and Buda's Wagon How does "property" fit into designs for an equitable society? Nine-tenths of the Law examines the history of squatting and property struggles in the United States, from colonialism to twentieth century urban squatting and the foreclosure crisis of the late 2000s, and how such resistance movements shape the law. Stories from our most hard-hit American cities show that property is truly in crisis: One in five homes in Buffalo, NY, are abandoned. Our national housing vacancy rate is 14 percent. If we gave a house to every homeless person in the United States two-thirds of that stock would remain empty. In May of 2011, one in every 103 homes in Nevada was in foreclosure. Nine-tenths of the Law expands our understanding of property law and highlights recent tactics like creative squatting ventures and the use of adverse possession to claim title to vacant homes. Hannah Dobbz unveils the tangled relationship Americans have always had in creating and sustaining healthy communities. Hannah Dobbz is a writer, editor, filmmaker, and former squatter. In 2007 she produced a film about squatters in the Bay Area called Shelter. The film has screened widely at universities, bookstores, and community spaces, including the 2009 Three Rivers Film Festival in Pittsburgh, Pennsylvania.




Illinois Criminal Law


Book Description