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  Protection of possession

   The Business School

   Applications accepted all year round  Self-Funded PhD Students Only

About the Project

It is a difficult question whether, and to what extent, a legal system should protect the possession of property by someone who may well turn out not to have any right to it. Should an owner of property be 

entitled to recover it at his or her own hand, or should the owner have to go to court for the authority to 

recover the property? Does/should it make a difference if the possessor is in bad faith? on the one hand, it seems odd to hold an owner to have done wrong in recovering his or her own property, and to require the expense of litigation even where there can only be one outcome. On the other hand, though, to 

allow extra-judicial dispossession is to allow owners to take the law into their own hands, which is potentially disruptive to public order. In modern times, human rights concerns have also played a part, 

especially where the possessor occupies the property as a home. There is a need for research into how 

these competing interests - of the owner, of the possessor, and of the public - are to be best reconciled. 

Academic qualifications 

A first degree (at least a 2.1) ideally in law with a good fundamental knowledge of property law (in any jurisdiction). 

English language requirement 

IELTS score must be at least 6.5 (with not less than 6.0 in each of the four components). Other, equivalent qualifications will be accepted. Full details of the University’s policy are available online. 

Essential attributes: 

 Experience of fundamental concepts in property law

 Competent in legal research

 Knowledge of current issues in property law

 Good written and oral communication skills

 Strong motivation, with evidence of independent research skills relevant to the project

 Good time management

Desirable attributes:  

Knowledge of Scots law and/or of property law in any jurisdiction with significant Civil Law influences.

Law (22)

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