POSSESSION AS A PREROGATIVE OF PROPERTY: A REAPPRAISAL
My lecture is concerned with possession as an element of right, a legal institution that is apart from the Romanian context less common in the European legal framework. It is nevertheless universally recognized that possession is primarily a state of fact, being, according to a prevalent expression,...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2023-06-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_001.pdf |
| _version_ | 1797789097055485952 |
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| author | Sebastian BOȚIC |
| author_facet | Sebastian BOȚIC |
| author_sort | Sebastian BOȚIC |
| collection | DOAJ |
| description | My lecture is concerned with possession as an element of right, a legal institution that is apart from the Romanian context less common in the European legal framework. It is nevertheless universally recognized that possession is primarily a state of fact, being, according to a prevalent expression, “the shadow of property". I will show in the following pages that, in fact, this is also its only genuine stance, since possession as an element of right does not represent a theoretical position that can be successfully defended. I will also prove that all the powers of the owner are in fact exercised by means of the classical prerogatives, and hence possession as an element of right is not necessary for this reason either. |
| first_indexed | 2024-03-13T01:45:56Z |
| format | Article |
| id | doaj.art-b0bc9374a1e1449697284160d5d0755a |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-03-13T01:45:56Z |
| publishDate | 2023-06-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-b0bc9374a1e1449697284160d5d0755a2023-07-03T09:02:32ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-01161102107POSSESSION AS A PREROGATIVE OF PROPERTY: A REAPPRAISALSebastian BOȚIC0PhD Candidate, Faculty of Law, University of Bucharest (e-mail: sebastianbotic@yahoo.co.uk).My lecture is concerned with possession as an element of right, a legal institution that is apart from the Romanian context less common in the European legal framework. It is nevertheless universally recognized that possession is primarily a state of fact, being, according to a prevalent expression, “the shadow of property". I will show in the following pages that, in fact, this is also its only genuine stance, since possession as an element of right does not represent a theoretical position that can be successfully defended. I will also prove that all the powers of the owner are in fact exercised by means of the classical prerogatives, and hence possession as an element of right is not necessary for this reason either.http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_001.pdfpossessionelement of rightususfructusabusus |
| spellingShingle | Sebastian BOȚIC POSSESSION AS A PREROGATIVE OF PROPERTY: A REAPPRAISAL Challenges of the Knowledge Society possession element of right usus fructus abusus |
| title | POSSESSION AS A PREROGATIVE OF PROPERTY: A REAPPRAISAL |
| title_full | POSSESSION AS A PREROGATIVE OF PROPERTY: A REAPPRAISAL |
| title_fullStr | POSSESSION AS A PREROGATIVE OF PROPERTY: A REAPPRAISAL |
| title_full_unstemmed | POSSESSION AS A PREROGATIVE OF PROPERTY: A REAPPRAISAL |
| title_short | POSSESSION AS A PREROGATIVE OF PROPERTY: A REAPPRAISAL |
| title_sort | possession as a prerogative of property a reappraisal |
| topic | possession element of right usus fructus abusus |
| url | http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_001.pdf |
| work_keys_str_mv | AT sebastianbotic possessionasaprerogativeofpropertyareappraisal |