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Personal Property Law$
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Michael Bridge

Print publication date: 1996

Print ISBN-13: 9781854315816

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9781854315816.001.0001

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The protection of property interests

The protection of property interests

Chapter:
(p.39) 3 The protection of property interests
Source:
Personal Property Law
Author(s):

M G Bridge

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9781854315816.003.0003

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

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