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The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...
John Erskine by Daniel Lizars from National Galleries Scotland. John Erskine of Carnock (4 November 1695 – 1 March 1768) was a Scottish jurist and professor of Scottish law at the University of Edinburgh. He wrote the Principles of the Law of Scotland and An Institute of the Law of Scotland, prominent books on Scots law.
The nature of Scots law before the 12th century is largely speculative but most likely was a folk-right system applying a specific customary legal tradition to a certain culture inhabiting a certain corresponding area at the time, e.g. Brehon law for the Gaels (Scoti and men of Galloway and Ayrshire), Welsh law for lowland Britons of Yr Hen Ogledd, Udal law for the Norse of Caithness and the ...
He was placed at the head of a commission in 1833 to inquire into the Scottish bankruptcy law. His smaller treatise, Principles of the Law of Scotland, became a standard text-book for law students. He wrote also Illustrations of the Principles. [1] in 1805 Bell married Barbara Shaw, granddaughter of Very Reverend David Shaw. [2]
At a minimum, it subjects an otherwise absolute monarch or executive and all free people within its jurisdictions (i.e. England and Wales, Scotland and Northern Ireland), to legal doctrines known as the general principles of law.
The Scots were certainly aware of this, and it was likely chosen over other codifications because it best suited Scottish interests by providing a framework that had already proved itself to be successful, and one that addressed issues particular to Scottish law, but issues that mostly were common to both Scottish and English law. Where it was ...
Possession is distinct from the concept of ownership, deriving from the same distinction found in Roman law.However, possession is commonly regarded as the foundation of ownership due its requirement in the creation of the right of ownership (such as by occupatio and within transfers of corporeal moveable property). [5]
A large feature of Scots property law is the publicity principle and the legal doctrine surrounding it. The publicity principle requires that in transfers of all property there is a need for an external (i.e. public) act in order to create or transfer real rights. In Scots law, the publicity principle has not been analysed in great detail.