The concept of possession in the common law

Tay, Alice Erh-Soon

Cultural advice

The Australian National University acknowledges, celebrates and pays our respects to the Ngunnawal and Ngambri people of the Canberra region and to all First Nations Australians on whose traditional lands we meet and work, and whose cultures are among the oldest continuing cultures in human history.

Aboriginal and Torres Strait Islander peoples are advised that ANU Library collections may include images, names, voices, and other representations of deceased persons.

Material in the collection may contain terms, language or views that reflect the period in which the item was created and may be considered inappropriate today.

The concept of possession in the common law

Date

1964

Authors

Tay, Alice Erh-Soon

Abstract

It is frequently held to-day that there is no coherent concept of possession in the Common Law, that there are, rather, disparate rules for the use of the word 'possession' in separate branches or areas of the law. Against this it shall be argued here that 'possession' initially enters the law not as a technical term, but as an infre-jural relation of fact, recognised and protected by the law and used by it as the basis for obvious but important rights and obligations.