Search results
Results from the WOW.Com Content Network
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 ...
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 ...
The concept of possession extends beyond Scots property law and is applicable in a variety of legal settings. These include: [84] Possession is a necessary requirement for the operation of positive prescription. One year's possession is a necessary requirement for an application for a prescriptive claim.
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; Exchange of land (called a Contract of Excambion) Transfer in trust, expressly or otherwise
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.
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 ...
Memorial to Sir James Dalrymple, 1st Viscount Stair, St Giles Cathedral. Stair's major legal work, The Institutions of the Law of Scotland deduced from its Originals, and collated with the Civil, Canon and Feudal Laws and with the Customs of Neighbouring Nations, shows influences from his philosophical training, his foreign travels, and Continental jurists as well as English lawyers. [6]
Bell became a member of the Faculty of Advocates in 1791, and was one of the close friends of Francis Jeffrey.In 1804 he published a Treatise on the Law of Bankruptcy in Scotland, which he enlarged and published in 1826 as Commentaries on the Law of Scotland and on the principles of Mercantile Jurisprudence, praised by Joseph Story and James Kent.