By Lars Peter Wunibald van Vliet
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Extra resources for Transfer of movables in German, French, English and Dutch law
See also Williams, Principles of the law of personal property, p. 49, 52; Bell, Modern law of personal property, p. 77-78. Gordley and Mattei claim that this so-called doctrine of relative title is not the result of centuries of English case law, as is generally thought, but that it was developed by Sir Frederic Pollock. See J. Gordley and U. Mattei, Protecting possession, AJCL 1996, p. 293 et seq, at p. 301-305 and 326-27. To a certain extent the English concept of 'right to possession' resembles the German Rw/if zum Besitz (right to possession).
312, fn. 1. 42 Von Savigny, Das Rechts des Besitzes, p. 206-207. 43 Das Rechts des Besitzes, p. , especially p. 211. He had to acknowledge, however, that an act of apprehensio sufficient for a tradifio could be insufficient for a unilateral apprehensio, that is a . taking without the former possessor's permission. See p. 240-241. '*'! "** As we shall see there are several clear indications that already in Roman law possession, which in primitive legal systems is often regarded as no more than a fact, had developed into a right.
It is unimaginable for a factual act to be conditional. Moreover, sometimes Savigny uses the term Recht des Besitzes (right of possession): see for example p. 246, 248, and above all, the title of the book. e. ). Yet, he does not draw any conclusions from this double nature of possession: in most of the book he regards possession as a mere fact. 40 Von Savigny, Das Recht des Besitzes, p. 44 and 324. 41 Yet Bekker demonstrates that Savigny contradicts his own theory: in Dos Recht des Besitzes, p.