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Scots law follows the principle that traditionibus non nudis pactis dominia rerum transferuntur: ownership is transferred by delivery (or other conveyance) and not by bare contract. [4] As discussed above, a contract or delict only creates binding personal obligations, rights in rem (real rights) are not capable of transfer by contract alone.
Sharp v Thomson 1997 SC(HL) 66 is a United Kingdom House of Lords decision regarding the status of an unrecorded disposition in Scots Property Law. [1] The case was brought by Sharp as receivers for Albyn Construction Ltd, a building company who had sold a house in Aberdeen to the Thomsons, a brother and sister. Albyn had agreed to sell the ...
This is a list of acts of the Parliament of Scotland for the year 1563. It lists acts of Parliament of the old Parliament of Scotland, that was merged with the old Parliament of England to form the Parliament of Great Britain, by the Union with England Act 1707 (c. 7). For other years, see list of acts of the Parliament of Scotland.
Today, Scots property law is part of Scots private law and as such is a devolved competence of the Scottish Parliament under the Scotland Act 1998. [ 2 ] [ 3 ] The Scottish Parliament has introduced key pieces of legislation in relating to property law: notably the Land Reform (Scotland) Act 2003 , the Abolition of Feudal Tenure etc. (Scotland ...
The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the disposition. [31] However, many conveyancers still include the use of a 2-year supersession clause in the Missives of Sale to ensure that contractual obligations come to end after 2 years rather than by negative prescription under ...
The complete set consists of over 130 titles in 25 volumes and Reissue binders. It covers the whole spectrum of Scots law, from Administrative Law, through Criminal Law, Obligations and Property, to Wills and Succession. Stair Memorial Encyclopaedia is also available as a searchable electronic archive on a paid subscription basis.
The Regiam Majestatem is the earliest surviving work giving a comprehensive digest of the Law of Scotland. The name of the document is derived from its first two words. It consists of four books, treating (1) civil actions and jurisdictions, (2) judgments and executions, (3) contracts, and (4) crimes.
A full discussion of the rules for compensation in Scottish compulsory purchase can be found in Part 3 of the Scottish Law Commission's Discussion Paper of Compulsory Purchase (2014, SLC DP No: 159), available to view for free online. [94]