Chapter

The protection of property interests

M G Bridge

in Personal Property Law

Second edition

Published in print November 1996 | ISBN: 9781854315816
Published online March 2012 | e-ISBN: 9780191705144 | DOI: http://dx.doi.org/10.1093/acprof:oso/9781854315816.003.0003
The protection of property interests

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This chapter deals with the protection of property interests in chattels. The common law's treatment of this subject differs from that of civil law in at least two aspects. First, the common law has no notion of ownership in the sense of absolute title. Second, the primary remedy at common law for the protection of property interests is not the compulsory return of the property to the plaintiff but rather damages. Thus, the protection of property interests is a category of the law of torts rather than of the law of property. Trespass is the fountain head of the law of tort. The chapter also considers liability in conversion, entitlement to sue in conversion, and remedies issues.

Keywords: chattels; common law; civil law; absolute title; tort; remedies issues; trespass

Chapter.  13534 words. 

Subjects: Company and Commercial Law

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