The essay focuses on the evolution of possessory actions in France and Italy, briefly considering also German law. It shows how the same historical roots (namely, the Roman interdicts; the actions developed for protecting the Germanic Gewere; the canon law’s actio spolii) gave origin to very different systems of possessory protection. At the same time, it shows how the different systems in many cases have reached largely similar practical results (for instance, extending the legitimization to bring possessory actions to the mere holders) along different paths.
The Evolution of Possessory Actions in France and Italy
CATERINA, Raffaele
2014-01-01
Abstract
The essay focuses on the evolution of possessory actions in France and Italy, briefly considering also German law. It shows how the same historical roots (namely, the Roman interdicts; the actions developed for protecting the Germanic Gewere; the canon law’s actio spolii) gave origin to very different systems of possessory protection. At the same time, it shows how the different systems in many cases have reached largely similar practical results (for instance, extending the legitimization to bring possessory actions to the mere holders) along different paths.
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