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Vol 25 No 2 Feb/March 2020

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A History of Private Law in Scotland: Volume 1. Property

Edited by: Kenneth G.C. Reid, Reinhard Zimmerman

ISBN13: 9780198267782
ISBN: 0198267789
Published: September 2001
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £202.50

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Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new ius commune. For Scotland stands at the intersection of the two great traditions of European law--of the law of Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field of private law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuing until the eighteenth century. Canon law was also influential.;This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was much that was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole.

Scots Law
1. The Development of Legal Doctrine in a Mixed System
2. Historical Introduction
3. Property Law: Sources and Doctrine
4. The Romanization of Property Law
5. Accession by Building
6. Transfer of Ownership
7. Servitudes
8. Rights in Security over Moveables
9. Leases: Four Historical Portraits
10. Assignation
11. Water Law Regimes
12. Trusts
1. Formation of Contract
2. Interpretation
3. Error
4. Force and Fear
5. Pacta Illicita
6. Unfair Contract Terms
7. Breach of Contract
8. Specific Implement
9. Third Party Rights in Contract
10. Promise
11. Contractual Restrictive Covenants
12. Sale
13. Insurance
14. Unjustified Enrichment
15. The Structure of the Law of Delict
16. The Intentional Delicts
17. Negligence
18. Strict Liability
19. Vicarious Liability
20. Liability Among Neighbours
21. Defamation