A History of Private Law in Scotland: Volume 2: Obligations
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Product details:
- Edition number and title :Volume 2: Obligations
- Publisher OUP Oxford
- Date of Publication 21 December 2000
- ISBN 9780198299288
- Binding Hardback
- No. of pages826 pages
- Size 242x164x47 mm
- Weight 1418 g
- Language English 0
Categories
Short description:
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 jus commune. For Scotland stands at the inter-section 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.
MoreLong description:
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 jus 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.
... fine collection. Handsomely turned out and sensitively edited, Reid and Zimmermann's publication is indispensable for readers in quest of a nuanced historical account of Scots private law.
Table of Contents:
VOLUME 1
The Development of Legal Doctrine in a Mixed System
Historical Introduction
Property Law: Sources and Doctrine
The Romanization of Property Law
Accession by Building
Transfer of Ownership
Servitudes
Rights in Security over Moveables
Leases: Four Historical Portraits
Assignation
Water Law Regimes
Trusts
VOLUME 2
Formation of Contract
Interpretation
Error
Force and Fear
Pacta Illicita
Unfair Contract Terms
Breach of Contract
Specific Implement
Third Party Rights in Contract
Promise
Contractual Restrictive Covenants
Sale
Insurance
Unjustified Enrichment
The Structure of the Law of Delict
The Intentional Delicts
Negligence
Strict Liability
Vicarious Liability
Liability Among Neighbours
Defamation
