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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.
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 Scottish Law Commission also noted that letters of obligation were deeply unpopular with the Scottish legal profession and had resulted in increased costs for clients because of the insurance premiums required to cover the law firm being passed on to the client. [184] The Law Society of Scotland was also critical of letters of obligation. [186]
This method of compulsory purchase was viewed as a repetitive and time-consuming process and the United Kingdom parliament enacted the Lands Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict. c. 19), which introduced a standard form process of compulsory purchase into Scots law. [4]
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 ...
The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the disposition.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 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 ...
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