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Only a conveyance, as a separate legal act, can effect the transfer agreed to by contract between the parties. Scotland has an abstract property legal system, meaning the conveyance does rely on the causa of the transfer. [6] In Scots law the recognised causae traditionis for transfer of property are: loan for consumption , gift
Only a conveyance, as a separate legal act, can effect the transfer agreed to under the contract between the parties. As well as being a traditio system, Scots law also uses the principle of 'abstraction', meaning the conveyance does rely on the cause of the transfer. [5] In Scots law the recognised causa for transfers of land are: Contract; Gift
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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.
File:Conveyancing (Scotland) Acts (1874 and 1879) Amendment Act 1887 (UKPGA Vict-50-51-69).pdf. Add languages. Page contents not supported in other languages.
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. [1] A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title).
Royal statutes, etc. issued before the development of Parliament. 1225–1267; 1275–1307; 1308–1325; Temp. incert. 1327–1376; 1377–1397; 1399–1411