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At common law, following Winston v Patrick, [22] the delivery of a disposition to a disponee supersedes any personal obligations in the contract, even if collateral in nature under operation of the prior communings rule. The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the ...
This is a list of acts of the Parliament of Scotland for the year 1705. 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).
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The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the disposition.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 ...
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 ...
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Scots Law Times; Scottish Agricultural Wages Board; Scottish Arbitration Centre; Scottish Barony Register; Scottish charitable incorporated organisation; Scottish Legal News; Scottish statutory instrument; The sea-law of Scotland; Seas west of Scotland; Session Cases; Sheriffdom; Stair Memorial Encyclopaedia; Statutes of Iona; Sutherland's Law
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. In Scots law, the term 'property' does not solely describe land. Instead the term 'a person's property' is used when describing objects or 'things' (in Latin res) that an individual holds a right of ownership in. It is the rights that an ...