Scots Property Law
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Scots Property Law
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana. The term 'property' is wide-ranging but in this article, as in Scots law and many other jurisdictions, it does not solely describe land. Instead, in Scots law, 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 individual holds in a 'thing' that are the subject matter of Scots property law. The terms objects or 'things' is also a wide-ranging definition, and is based on Roman law principles. Objects (or things) can be physical (such as land, a house, a car, a statue or a keyring) or they can also be unseen but still capable of being owned, (e.g. a person can have a right to paymen ...
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Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) wit ...
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Kingdom Of Scotland
The Kingdom of Scotland (; , ) was a sovereign state in northwest Europe traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a land border to the south with England. It suffered many invasions by the English, but under Robert the Bruce it fought a successful War of Independence and remained an independent state throughout the late Middle Ages. Following the annexation of the Hebrides and the Northern Isles from Norway in 1266 and 1472 respectively, and the final capture of the Royal Burgh of Berwick by England in 1482, the territory of the Kingdom of Scotland corresponded to that of modern-day Scotland, bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the southwest. In 1603, James VI of Scotland became King of England, joining Scotland with England in a personal union. In 1707, d ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many List of islands of the United Kingdom, smaller islands within the British Isles. Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between ...
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United Kingdom Of Great Britain And Ireland
The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Great Britain and the Kingdom of Ireland into a unified state. The establishment of the Irish Free State in 1922 led to the remainder later being renamed the United Kingdom of Great Britain and Northern Ireland in 1927. The United Kingdom, having financed the European coalition that defeated France during the Napoleonic Wars, developed a large Royal Navy that enabled the British Empire to become the foremost world power for the next century. For nearly a century from the final defeat of Napoleon following the Battle of Waterloo to the outbreak of World War I, Britain was almost continuously at peace with Great Powers. The most notable exception was the Crimean War with the Russian Empire, in which actual hostilities were relatively ...
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Treaty Of Union
The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United into One Kingdom by the Name of Great Britain".: Both Acts of Union and the Treaty state in Article I: ''That the Two Kingdoms of Scotland and England, shall upon 1 May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN''. At the time it was more often referred to as the Articles of Union. The details of the Treaty were agreed on 22 July 1706, and separate Acts of Union were then passed by the parliaments of England and Scotland to put the agreed Articles into effect. The political union took effect on 1 May 1707. Background Queen Elizabeth I of England and Ireland, last monarch of the Tudor dynasty, died without issue on 24 March 1603, and the throne fell at once (and uncontroversial ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dispo ...
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Acts Of Union 1707
The Acts of Union ( gd, Achd an Aonaidh) were two Act of Parliament, Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706, following negotiation between commissioners representing the parliaments of the two countries. By the two Acts, the Kingdom of England and the Kingdom of Scotlandwhich at the time were separate sovereign state, states with separate legislatures, but Personal union, with the same monarchwere, in the words of the Treaty, "United into One Kingdom by the Name of Kingdom of Great Britain, Great Britain". The two countries had shared a monarch since the Union of the Crowns in 1603, when King James VI of Scotland inherited the English throne from his double first cousin twice removed, Queen Elizabeth I. Although described as a Union of Crowns, and in spite of Jame ...
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Sources Of Law
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity. Jurisprudence The perceived authenticity of a source of law may rely on a choice of jurisprudence analysis. Tyrants such as Kim Jong-un may wield ''De facto'' power,Austin's "command theory of law" asserts that to be effective, law must have a sovereign and a sanction to back it up. but critics would say he does not exercise power from a ''de jure'' (or legitimate) source. After WWII it was not a valid defence at Nuremberg to say "I was only obeying orders", and the victors hanged Nazis for breaching " universal and eternal standards of right and wrong". Over decades and centuries, principles of law have been derived from customs. The divine right of kings, natural and legal rights, human rights, civil rights, and common law are early unwritten so ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman ...
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Davidian Revolution
The Davidian Revolution is a name given by many scholars to the changes which took place in the Kingdom of Scotland during the reign of David I (1124–1153). These included his foundation of burghs, implementation of the ideals of Gregorian Reform, foundation of monasteries, Normanisation of the Scottish government, and the introduction of feudalism through immigrant Norman and Anglo-Norman knights. Overview King David I is still widely regarded as one of the most significant rulers in Scotland's history. The reason is what Barrow and Lynch both call the "Davidian Revolution". David's "revolution" is held to underpin the development of later medieval Scotland, whereby the changes that he inaugurated grew into most of the central non-native institutions of the later medieval kingdom. Barrow summarises the many and varied goals of David I, all of which began and ended with his determination "to surround his fortified royal residence and its mercantile and ecclesiastical sate ...
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Jus Commune
''Jus commune'' or ''ius commune'' is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ''ius commune'' was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. (''Ius commune'' is distinct from the term "common law" meaning the Anglo-American family of law as opposed to the civil law family.) The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements. Etymology The ', in its historical meaning, is commonly thought of as a combination of canon law and Roman law which formed the basis of a common system of legal thought in Western Europe from the rediscovery and reception of Justinian's Digest in the 12th and 13th centuries. In addition to thi ...
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Judiciary Of Scotland
The judiciary of Scotland are the judge, judicial office holders who sit in the courts of Scotland and make decisions in both Scots civil procedure, civil and Scottish criminal law, criminal cases. Judges make sure that Case (law), cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate Judgment (law), judgments and Sentence (law), sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) As of May 2016, the Lord President was Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk. The Lor ...
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