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'Zucker' and 'Fräsmaschinen', Did Roman law know 'co-ordinate possession' ('Nebenbesitz')?

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In German legal literature a theory of so-called 'Nebenbesitz' ('co-ordinate possession') is being discussed since more than half a century. It would be applicable when a detentor, a lessee e.g., makes a delivery constituto possessorio to a new lessor, making him possessor, but goes on paying rent to the old lessor, which would leave this lessor in possession. Both possessors would be co-ordinate possessors. Some authors have been referring to Roman law (D. 41,2,32,1) as though it already knew co-ordinate possession. This paper examines the Roman law and ius commune sources and concludes they did not know 'Nebenbesitz'.

Affiliations: 1: Professor of Roman law, Groningen University, P.O. Box 716, 9700 AS Groningen, The Netherlands;, Email:


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