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Land Registration (Scots Law)
Land registration in Scots law is the system of public registration of land, and associated real rights. Scotland has one of the oldest systems of land registration in the world. Registration of deeds is extremely important as it constitutes the third stage of the creation and transfer of real rights. Following the enactment of thRegistration Act 1617by the Parliament of the Kingdom of Scotland, feudal grants and dispositions were required to be registered in the General Register of Sasines in order to give the proprietor a real right of ownership. These registration requirements survived along with Scots law's independence following the constitution of the Kingdom of Great Britain following The Acts of Union 1707, and creation of subsequent United Kingdom states in 1800 and 1922. Today, public registration is still required in order to validly transfer real rights in Scots law. The public land registers are now entrusted to the Registers of Scotland, an agency of the Scott ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 payme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the additional member system: 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality. The original Parliament of Scotland was the national legislature of the independent Kingdom of Scotland and existed from the early 13th centur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alan Rodger, Baron Rodger Of Earlsferry
Alan Ferguson Rodger, Baron Rodger of Earlsferry, (18 September 1944 – 26 June 2011) was a Scottish academic, lawyer, and Justice of the Supreme Court of the United Kingdom. He served as Lord Advocate, the senior Law Officer of Scotland, before becoming Lord Justice General and Lord President of the Court of Session, the head of the country's judiciary. He was then appointed a Lord of Appeal in Ordinary (Law Lord) and became a Justice of the Supreme Court when the judicial functions of the House of Lords were transferred to that Court. Early life and career Alan Rodger was born on 18 September 1944 in Glasgow, to Professor T Ferguson Rodger, Professor of Psychological Medicine at the University of Glasgow, and Jean Margaret Smith Chalmers, and educated at the independent Kelvinside Academy in the city. He studied at the University of Glasgow, graduating with an MA, and at the University's School of Law, taking an LLB. He then studied at New College, Oxford—under Da ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled ''Senators of the College of Justice'' or '' Lords of Council and Session''.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will hear appeals on questions of law from the Sheriff Appeal Court. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sheriffdom
A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a resident or floating sheriff (a legally qualified judge). Sheriffs principal and resident or floating sheriffs are all members of the judiciary of Scotland. History Before 1975 Sheriffdoms were originally identical to the shires of Scotland, originating in the twelfth century. Until the eighteenth century the office of sheriff was often hereditary, but this was ended following the unsuccessful Jacobite Rising of 1745. The Heritable Jurisdictions Act 1747 revested the government of the shires in the Crown, compensating those office holders who were displaced. The Sheriffs (Scotland) Act 1747 reduced the office of sheriff principal to a largely ceremonial one, with a sheriff depute or sheriff substitute appointed to each "county, shire or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, and the term ''bankruptcy'' is therefore not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian ''banca rotta'', literally meaning "broken bank". The term is often described as having originated in renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment so that the public could see that the banker, the owner of the bench, was no longer in a condition to continue his business, although some dismiss this as a false etymology. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aberdeenshire
Aberdeenshire ( sco, Aiberdeenshire; gd, Siorrachd Obar Dheathain) is one of the 32 Subdivisions of Scotland#council areas of Scotland, council areas of Scotland. It takes its name from the County of Aberdeen which has substantially different boundaries. The Aberdeenshire Council area includes all of the area of the Counties of Scotland, historic counties of Aberdeenshire and Kincardineshire (except the area making up the City of Aberdeen), as well as part of Banffshire. The county boundaries are officially used for a few purposes, namely land registration and Lieutenancy areas of Scotland, lieutenancy. Aberdeenshire Council is headquartered at Woodhill House, in Aberdeen, making it the only Scottish council whose headquarters are located outside its jurisdiction. Aberdeen itself forms a different council area (Aberdeen City). Aberdeenshire borders onto Angus, Scotland, Angus and Perth and Kinross to the south, Highland (council area), Highland and Moray to the west and Aber ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peterculter
Peterculter ( sco, Petercouter), also known as Culter (Scots: ''Couter''), is a suburb of Aberdeen, Scotland, about inland from Aberdeen city centre. Peterculter is on the northern banks of the River Dee, near the confluences with Crynoch Burn and Leuchar Burn. Following the 1996 Scottish council boundary changes it became part of the City of Aberdeen's Lower Deeside ward. The latter part of the name is said to come from the Gaelic compound word "Cul-tir", which signifies the "back part" of the country. History About south west of the Peterculter is the site of the Roman marching camp at Normandykes. King William the Lion bestowed the church of Kulter, "iuxta Abirdene", upon the Abbey and monks of St Mary of Kelso, about 1165–1199. The gift was afterwards confirmed by Mathew, Bishop of Aberdeen, within whose diocese the church sat. Alan of Soltre, chaplain, who had probably been an ecclesiastic of the hospital, or monastery of Soutra, in Lothian, was presented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharp V Thomson
''Sharp v Thomson'' 1997 SC(HL) 66 is a United Kingdom House of Lords decision regarding the status of an unrecorded disposition in Scots Property Law. The case was brought by Sharp as receivers for Albyn Construction Ltd, a building company who had sold a house in Aberdeen to the Thomsons, a brother and sister. Albyn had agreed to sell the house to the Thomsons leading to the completion of the missives and the delivery of the disposition and the payment of the purchase price. However, before the disposition was registered by the Thomsons, Albyn defaulted on a loan taken by them from the Bank of Scotland. The default lead to the attachment of a floating charge held by the bank over all of Albyn's "Property and Undertaking", and Sharp was appointed Receiver to collect this for the Bank. Sharp raised an action before the Court of Session contesting that, since the disposition hadn't been registered, the ownership of the house remained with Albyn at the time of attachment and that it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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