Recovery of Chattels in the Common and Civil Law: Possession, Bailment, and Spoliation Suits.

Abstract

Questions of possession, custody, and ownership of chattels frequently give rise to difficult legal questions. The terminology, while old, has no fixed meaning and much turns on the context in which the issue arises. This article explores recent cases which look at the concepts as they arise in claims in bailment, and for the immediate return of chattels. The civil law remedy by way of spoliation suit to vindicate a claim for recovery of possession of a chattel is also examined. The large number of recent cases underlines the practical importance of the topic.

JEL Classification: k00