JHERING (Rudolf von)
    ON THE FOUNDATION OF POSSESSORY PROTECTION, REVISION OF THE THEORY OF POSSESSION, 2nd ed., translated with the author's permission and preceded by an introduction by O. de Meulenaere
Édition :
    Ghent / Paris / Leipzig
Date :
    1875
    octavo, half black calfskin, smooth spine, good condition, IX-204 p.
    One experiences genuine wonder upon reading this text, in which the author displays all his qualities as a legal critic, particularly with regard to Savigny's Treatise on Possession. Naturally, and as in Savigny's treatise, possession as a legal institution is ultimately a secondary concern here, for the real question is how the will can create a right without title. Jhering thus examines all the doctrines of German law that justify the legal validation of possessory acts against the owner. Jhering, for his part, develops a system in which possession is considered the outward expression of ownership and is protected only by the legislator's decision that the one who appears to be the owner deserves, for reasons related to legal and social interaction, to be preferred to the actual owner. The introduction by Jhering's usual translator into French includes a good bibliography of the author's works in German, with indications of their translations.

Référence : 7826

Mots-clés : Civil Law, Property Law, Ownership, Prescription

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