Bescherming van bezit: Een rechtshistorische en leerstellige studie naar de wortels en de totstandkomingsgeschiedenis van de huidige regeling in art. 3:125 BW

Research output: ThesisThesis fully internal (DIV)

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My research discusses the regulation of the protection of possession, such as adopted and laid down by the Dutch legislator in article 3:125 of the Civil Code. This regulation has been copied almost unchanged from Meijers’ Draft of Book 3 of the Code. It raises questions about both the content of the concept of possession and about the way it is protected under Dutch law. What is possession? Is its legal protection adequate, is change advisable, or could we even throw the regulation overboard as excess luggage?

During the period in which the draft was published and introduced into Parliament, different views were expressed as to the answers to these questions. No consensus was reached afterwards, either, and the content of the concept of possession is still contested. Similarly, no consensus has been found concerning the protection of possession, or, in a broader sense, the protection of keepership.

This study aims to answer the following two research questions:
1. How was the legal concept of ‘possession’ in the Dutch Civil Code developed and what is its content?
2. How was the regulation for its protection designed?

It is well-known that Meijers did not wish to experiment when drafting his provisions, instead he tried to use ‘the instillation of the considered wisdom of many centuries’ as a basis. Now, the doctrine of protecting possession has an ancient history behind it, which has left unmistakable traces in the current regulation.

By means of dogmatic legal comparison on historical foundation, the choices made by the drafter and the legislator are identified and explained. The ultimate goal is to assess the design and desirability of the current regulation for protecting possession.
Original languageDutch
QualificationDoctor of Philosophy
Awarding Institution
  • University of Groningen
  • Brandsma, Frits, Supervisor
Award date8-Dec-2016
Place of Publication[Groningen]
Print ISBNs978-94-6290-325-8
Electronic ISBNs978-94-6274-643-5
Publication statusPublished - 2016

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