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Capacity In Scots Law
Legal capacity is the ability of an individual to transact with others. It should be distinguished from consent, where the individual with capacity, agrees for another to commit an act involving the consenter, such as consent to sexual relations under the Sexual Offences (Scotland) Act 2009. Rights Capacity All persons, human and juristic, have rights capacity, ie: the ability to hold a right. This derives from the classification of the law of persons found in Roman law. The word 'person' is usually taken to mean humans. However, in Scots law and in many other jurisdictions, the term is also used to describe corporate entities such as companies, or partnershipsScottish Charitable Incorporate Organisation(SCIO) or other bodies corporate established by law (such as a government agency or local authority). Organisations and associations must have the rights capacity to own property in their own right in order to act as a transferor (the person transferring ownership) or transferee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Offences (Scotland) Act 2009
The Sexual Offences (Scotland) Act 2009 (asp 9) is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law. The corresponding legislation in England and Wales is the Sexual Offences Act 2003 and in Northern Ireland the Sexual Offences (Northern Ireland) Order 2008. Background In 2004, the Scottish Law Commission began working on a reference from the Scottish Executive to "examine the law relating to rape and other sexual offences, and the evidential requirements for proving such offences, and to make recommendations for reform" and completed its report in December 2007. The Scottish Government gave a commitment to bring forward legislation in the light of the Commission's review. Before the enactment of this Act, Scotland had very few statutory sexual offences, with most of its sexual legislation being defined at common law, which was increasingly seen as a problem. On 17 June 2008, the Scottish Governm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies Act 2006
The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law. The Act was brought into force in stages, with the final provision being commenced on 1 October 2009. It largely superseded the Companies Act 1985. The Act provides a comprehensive code of company law for the United Kingdom, and made changes to almost every facet of the law in relation to companies. The key provisions are: * the Act codifies certain existing common law principles, such as those relating to directors' duties. * it transposes into UK law the Takeover Directive and the Transparency Directive of the European Union * it introduces various new provisions for private and public companies. * it applies a single company law regime across the United Kingdom, replacing the two separate (if identical) systems for Great Britain and Northern Ireland. * it otherwise amends or restates almost all of the Companies Act 1985 to varying degrees. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limited Liability Partnerships Act 2000
The Limited Liability Partnerships Act 2000 (c.12) is an Act of the Parliament of the United Kingdom which introduced the concept of the limited liability partnership into English and Scots law. It created an LLP as a body with legal personality separate from its members (unlike a normal partnership) which is governed under a hybrid system of law partially from company law and partially from partnership law. Unlike normal partnerships the liability of members of an LLP on winding up is limited to the amount of capital they contributed to the LLP. Section 2 of the act provides that an LLP may be incorporated when two or more persons associated for the purpose of carrying on legal business subscribe their names to an incorporation document; that incorporation document, or an approved copy of it, has been delivered to the Companies Registrar at Companies House; and a statement either by a solicitor or one of the subscribers that the formalities have been complied with has also been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limited Partnerships Act 1907
A limited partnership (LP) is a form of partnership similar to a general partnership except that while a general partnership must have at least two general partners (GPs), a limited partnership must have at least one GP and at least one limited partner. Limited partnerships are distinct from limited liability partnerships, in which all partners have limited liability. The GPs are, in all major respects, in the same legal position as partners in a conventional firm: they have management control, share the right to use partnership property, share the profits of the firm in predefined proportions, and have joint and several liability for the debts of the partnership. As in a general partnership, the GPs have actual authority, as agency law, agents of the firm, to bind the partnership in contracts with third parties that are in the ordinary course of the partnership's business. As with a general partnership, "an act of a general partner which is not apparently for carrying on in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Partnership Act 1890
The Partnership Act 1890 (c. 39) is an Act of the Parliament of the United Kingdom which governs the rights and duties of people or corporate entities conducting business in partnership. A partnership is defined in the act as 'the relation which subsists between persons carrying on a business in common with a view of profit.' Main provisions A partnership can arise through conduct, oral agreement, or a written contract known as a partnership agreement. The minimum membership is two and the maximum is unlimited since 2002. The provisions of the Partnership Act 1890 apply unless expressly or implicitly excluded by agreement of the partners. Each partner is entitled to participate in management, get an equal share of profit, an indemnity in respect of liabilities assumed in the course of business and the right to not be expelled by other partners. A partnership ends on the death of a partner, unless an agreement is made prior to the deaths. Complexities Liability of partners In En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Erskine Of Carnock
John Erskine of Carnock (4 November 1695 – 1 March 1768) was a Scottish jurist and professor of Scottish law at the University of Edinburgh. He wrote the ''Principles of the Law of Scotland'' and ''An Institute of the Law of Scotland'', prominent books on Scots law. Background A member of Clan Erskine, Erskine was the eldest mutant surviving of the six sons and single daughter of John Erskine of Cardross (1662–1743) and his second wife, Anne Dundas (''d''. 1723), heiress of Sir William Dundas of Kincavel. His father made his fortune by joining the army of William of Orange which invaded England in 1688. His granddaughter was David Erskine, 2nd Lord Cardross. Legal career Erskine studied law and joined the Faculty of Advocates in 1719 and followed the career of an Advocate for some years, apparently with no obvious distinction. However, the post of Professor of Scots Law at the University of Edinburgh became vacant in 1737, with the death of its incumbent Alexander B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Dalrymple, 1st Viscount Of Stair
James Dalrymple, 1st Viscount Stair (May 1619 – 29 November 1695), Scottish lawyer and statesman, and a key influence on the Scottish Enlightenment. He was a leading figure of Scottish law, “and also one of the greatest thinkers on law across Europe has ever produced.” According to Alexander Broadie, Professor of Logic and Rhetoric at Glasgow University, in his book ''The Scottish Enlightenment'', the first Scottish enlightenment began Post Reformation in the 15th century, with figures such as John Mair (1467-1550), James Dalrymple (1619-1695), Duns Scotus (1265-1308), George Buchanan (1506-1582) and many others. These scholars were predominately educated at Paris university and then returned to teach at Scotland’s ancient universities – St Andrews, Aberdeen, and Glasgow. “Dalrymple graduated from Glasgow university in 1647 and was regent in arts there from 1641 until 1647. The following year he became an advocate and thereafter was appointed a judge. From ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Law Commission
The Scottish Law Commission is an advisory non-departmental public body of the Scottish Government. It was established in 1965 to keep Scots law under review and recommend necessary reforms to improve, simplify and update the country's legal system. It was established by the Law Commissions Act 1965 (as amended) at the same time as the Law Commission in England and Wales. Appointments are ordinarily made in accordance with the Commissioner for Public Appointments in Scotland's Code of Practice. The commission is part of the Commonwealth Association of Law Reform Agencies. Functions The Commission exists to keep Scots law under review and recommend reform as needed. The commission's scope encompasses devolved and reserved matters, as defined by the Scotland Act 1998 and as such has duty for laws that are the responsibility of the Parliament of the United Kingdom, as well as those that are the responsibility of the Scottish Parliament. Composition The commission consists of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adults With Incapacity (Scotland) Act 2000
The Adults with Incapacity (Scotland) Act 2000 (2000 asp 4) is an Act of the Scottish Parliament. It was passed on 29 March 2000, receiving royal assent on 9 May. It concerns the welfare of adults (the age of legal capacity in Scotland being 16) who are unable to make decisions for themselves because they have a mental disorder or are not able to communicate. It provides the framework for other people (such as carers) to act on the behalf of people with incapacity. The Act was one of the first pieces of legislation passed by the Scottish Parliament upon it being reconvened in 1999. Content Part 2 of the act concerns power of attorney and provides the framework for an individual (whilst they have capacity) to appoint someone to act as their continuing (financial) or welfare attorney. Part 3 of the act concerns the accounts and funds of the adult with incapacity. It enables access to the bank or building society account of the adult with incapacity, in order to pay their costs o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
