Possession in the law of finding: A comparative study of doctrine of possession

Michael LIU

Research output: Contribution to journalArticle

Abstract

Possession requires both physical control and mental intention although the control can mean an access to premises and the intention can mean the knowledge of existence of property in question. In the historical development of theory of possession there have been some doctrinal differences between different schools of thought and different jurisdictions, especially in case of findings. This article examines some doctrinal and jurisdictional differences reflected in the law of finding and concludes that ignorant detention should not be regarded as possession on which a claim can be based.
Original languageEnglish
Pages (from-to)211-232
Number of pages22
JournalAustralian Property Law Journal
Volume22
Issue number3
Publication statusPublished - 2014

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