Possession

[srporto]

I'm searching basic american books on POSSESSION. I'm a Law student at UERJ (universidade do Estado do Rio de Janeiro) and I've got to prepare a Final Monography. The topic I chose is Possession - A Comparative Study.

Any suggestions?

 

[Michael Wechsler]

Originally posted by srporto
I'm searching basic american books on POSSESSION. I'm a Law student at UERJ (universidade do Estado do Rio de Janeiro) and I've got to prepare a Final Monography. The topic I chose is Possession - A Comparative Study.

Any suggestions?

You'll need to give us more information. I'm not sure what we are comparing. There are many crimes dealing with possession. See where I'm going?

 

[srporto]

Sorry for the doubts i have produced. I forgot that in english the same word (possession) had another acception. The possession here is linked with property. Its a topic of a discipline called, in Civil Law, :

Derecho Civil (spanish)
Diritto Civile (italian)
Droit Civil (french)

I haven't found anything similar on Common Law.

 

[Michael Wechsler]

Sorry but you'll need to be more specific! Possession can be discussed with regard to many things -- real property, personal property, etc. Different books will handle the subject completely differently, e.g. civil vs. criminal 'possession' such as the possession of a controlled substance...

Originally posted by srporto
Sorry for the doubts i have produced. I forgot that in english the same word (possession) had another acception. The possession here is linked with property. Its a topic of a discipline called, in Civil Law, :

Derecho Civil (spanish)
Diritto Civile (italian)
Droit Civil (french)

I haven't found anything similar on Common Law.

 

[srporto]

Re: Re: Possession

I'm interested specifically on the protection of possession of real property. Here in Brazil we have this protection apart from the protection given to the owner of a property, even against him. This protection is given to avoid any illegal disturbance one could suffer from any other person. For example, the person who rents a property has this protection against the owner and against anyone else. That's the minimum limit of possession. There is another kind of protection that is called usucapio. In some situations a person that do not own a property may acquire its ownership if his possession of this property remains unchallenged for a certain period of time.

My monography will deal with the fundamentals of such protection. Why is it created? Is it related with the protection of property? In which situations is it due? ...

Thank you again for answering me.

 

[Michael Wechsler]

Re: Re: Re: Possession

1) Covenant of Quiet Enjoyment: This is a tenet of British common law and is implied in almost all residential and commercial real property leases and stands for the proposition that you should not suffer interference from the use of the property from your landlord (or those within his/her control.)

2) Adverse Possession: After 20 years or another period set by statute, someone who is a "squatter" on land who is not challenged may acquire the land by taking this "adverse" position to the land owner.

Hope this helps!

Originally posted by srporto
I'm interested specifically on the protection of possession of real property. Here in Brazil we have this protection apart from the protection given to the owner of a property, even against him. This protection is given to avoid any illegal disturbance one could suffer from any other person. For example, the person who rents a property has this protection against the owner and against anyone else. That's the minimum limit of possession. There is another kind of protection that is called usucapio. In some situations a person that do not own a property may acquire its ownership if his possession of this property remains unchallenged for a certain period of time.

My monography will deal with the fundamentals of such protection. Why is it created? Is it related with the protection of property? In which situations is it due? ...

Thank you again for answering me.

 

[srporto]

Thank you very much. I'll follow these clues.