A History of Private Law in Scotland, Volume 1

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Kenneth G. C. Reid, Reinhard Zimmermann (jurist)
Oxford University Press, 2000 - Law - 552 pages
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Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.
 

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Contents

Table of Contents
xxiv
Table of Cases
xxxiv
Chronology of Scottish Legal History xcii
xlviii
A Note on Law Reporting xcviii
liv
SHERIFF COURT civ
lx
The Development of Legal Doctrine in a Mixed System
1
DOCTRINAL HISTORY IN SCOTLAND
8
Historical Introduction
14
Law of the tenement
216
The Romanization of Property Law
220
THE HIGH NOON OF ROMAN LAW
229
LAW
235
CONCLUSIONS
242
Accession by Building
245
SUCCESSION LAW
248
THE LEGACY OF BRANDS TRS
260

b Norman influence
19
i The suitors of the court
25
THE LATER MIDDLE AGES 12861424
33
Law reform
40
Common law and social order
47
Continuity and crisis
57
Lawyers and learning
68
FROM THE REFORMATION TO THE RESTORATION
74
Common law codification reason and justice
93
Common law and jus commune
99
FROM THE RESTORATION TO UNION AND
105
Relations with England and proposals for union
112
The institutions of the common law
118
The development of the legal profession
124
b Improving the sources of the law
132
The development of a Scottish law library
140
UNION INTEGRATION AND REFORM 17161832
142
b Heritable jurisdictions and the criminal courts
148
The legal profession and legal education
155
History common law and jus commune
162
Courts legislation and common law
168
Sources and Doctrine
185
TEXTS AND THEORIES
198
TWO DOCTRINES
210
Transfer of Ownership
269
SASINE
282
Servitudes
305
CONCLUSION AND EVALUATION
332
Rights in Security over Moveables
333
LIEN
350
Four Historical Portraits
363
A LEASE FROM THE SIXTEENTH
383
Assignation
399
LEGAL LITERATURE BEFORE STAIR
407
GEORGE JOSEPH
418
Water Law Regimes
420
THE SEA THE SEABED AND THE FORESHORE
429
private rights of fishing
443
The development of the Scottish doctrine of riparian common
450
b River pollution common interest and nuisance
460
ownership
467
REMEDIES
471
Trusts
480
CURRENT LAW
516
Index of names
519
INDEX OF SUBJECTS
527
Copyright

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