Powership and Its Objects

A. Steven, R. Anderson and J. MacLeod, eds., Essays in Honour of George Gretton (Avizandum, Forthcoming)

11 Pages Posted: 15 Feb 2017  

Lionel Smith

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law

Date Written: January 8, 2017

Abstract

In an important essay of 2007, called "Ownership and its Objects", George Gretton asked what was the "object" of a right of ownership: do we own things, or rights? He also went on to discuss the nature of security interests, taking the view that they are subsidiary rights carved out of the rights of the debtor. In this essay, I apply a Hohfeldian analysis to security interests, and conclude that the most important incidents of a security interest are not rights but powers.

Suggested Citation

Smith, Lionel, Powership and Its Objects (January 8, 2017). A. Steven, R. Anderson and J. MacLeod, eds., Essays in Honour of George Gretton (Avizandum, Forthcoming). Available at SSRN: https://ssrn.com/abstract=2913800

Lionel Smith (Contact Author)

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law ( email )

3690 Peel Street
Montreal, Quebec H3A 1W9
Canada
514-398-4670 (Phone)
514-398-4659 (Fax)

HOME PAGE: http://www.mcgill.ca/law/about/profs/smith-lionel

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