ABSTRACT
This paper undertakes a critical examination of the nuanced distinctions between the legal concepts of ownership and possession within the framework of Scottish law. Property law in Scotland has a solid foundation deeply rooted in Roman law and the legal comprehension and context of ownership and possession is fundamental to it. Analogous to the distinct textures of chalk and cheese, ownership, and possession each possess unique characteristics and legal implications. The paper begins with an introductory overview, followed by a comprehensive legal analysis designed to foster a deeper understanding of these concepts. It concludes by offering recommendations informed by the impact of legal practice and affirms the argument that, indeed, ownership and possession in Scottish law are as distinct as chalk and cheese.
Odusanya, Temitope Omotola, Understanding ownership and possession in Scottish law: distinguishing chalk from cheese (September 10, 2024).
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