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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 ...
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 ...
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
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.
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 ...
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]
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 ...
Delict in Scots law is the area of law concerned with those civil wrongs which are actionable before the Scottish courts. The Scots use of the term 'delict' is consistent with the jurisdiction's connection with Civilian jurisprudence; Scots private law has a 'mixed' character, blending together elements borrowed from Civil law and Common law, as well as indigenous Scottish developments.