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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2020

Lawyer for All Time

Lawyer for All Time

(p.382) (p.383) 31 Lawyer for All Time
Judge and Jurist

David L Carey Miller

Oxford University Press

This chapter considers a narrow point of property law and an associated law reform issue. The point relates to the position of the non-owner possessor of a corporeal movable who successfully invokes negative prescription against a person claiming delivery of the thing on the basis of proving the right of ownership. The position and role of the presumption that the possessor of a movable is its owner in the structure and system of property law are considered with particular reference to the full treatment by Baron Hume in his lectures.

Keywords:   property law, law reform, corporeal movable, Baron Hume, ownership, negative prescription

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