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Land Registration (Scots Law)
Land registration in Scots law is a 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 important as it constitutes the third stage of the creation and transfer of real rights. Following the enactment of the Registration Act 1617 by 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 right of ownership. These registration requirements survived along with Scots law's independence, following the constitution of the Kingdom of Great Britain, the Acts of Union 1707, and the subsequent creation of the United Kingdom 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 (RoS), an agency of the Scottish Government task ... [...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. In Scots law, the term 'property' does not solely describe land. Instead 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 payment under a contract, a lease in a house, or intellectual property rights in relation to works (s)he produced). While this may appear to encompass a wide range of 'things', they can be classified and sorted according to a legal system's rules. In Scots property law, all 'thin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torrens Title
Torrens title is a land registration and land transfer system in which a state creates and maintains a register of land holdings, which serves as the Incontrovertible evidence, conclusive evidence (termed "Defeasible reasoning#Political and judicial use, indefeasibility") of Title (property), title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Robert Richard Torrens, Sir Robert Richard Torrens (1812–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the ''Real Property Act 1858'' in the History of So ... [...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, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for Impeachment in the United Kingdom, 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 Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, 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 the use of special courts for ... [...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 thre ... [...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 (Scotland) Act 1746 (20 Geo. 2. c. 43) revested the government of the shires in the Crown, compensating those office holders who were displaced. The Sheriffs (Scotland) Act 1747 (21 Geo. 2. c. 19) reduced the office of sheriff principal to a largely ceremonial one, with a sheriff depute or sheriff ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sheriff Court
A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland. Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh) has the ability to hear cases with a j ... [...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, meaning the term ''bankruptcy'' is not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian language, Italian , literally meaning . 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. However, the existence of such a ritual is doubted. 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 "debt slavery" until the creditor recouped losses through their Manual labour, physical labour. Many city-states in ancient Greece lim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aberdeenshire
Aberdeenshire (; ) is one of the 32 Subdivisions of Scotland#council areas of Scotland, council areas of Scotland. It takes its name from the Shires of Scotland, historic county of Aberdeenshire (historic), Aberdeenshire, which had substantially different boundaries. The Aberdeenshire Council area includes all of the areas of the historic counties of Aberdeenshire and Kincardineshire except the area making up Aberdeen City Council area, as well as part of Banffshire. The historic county boundaries are still 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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peterculter
Peterculter , also known as Culter, is an outer suburb of Aberdeen, Scotland, about from the city centre. It lies on the north bank of the River Dee, Aberdeenshire, River Dee, at its confluence with the Culter Burn. Following the Local Government etc. (Scotland) Act 1994, 1996 Scottish council boundary changes it became part of the Lower Deeside (ward), Lower Deeside ward in the Aberdeen City council area. History About south west of Peterculter is the site of the Roman Camp, Roman marching camp at Normandykes. King William I of Scotland, William the Lion bestowed the church of Kulter, "iuxta Abirdene", upon the Kelso Abbey, Abbey and monks of St Mary of Kelso, Scotland, 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 Soutra Aisle, hospital, or monastery of Soutra, in Lothian, was presented by the Abbot of Kelso, to the vicara ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Missives Of Sale (Scots Law)
The missives of sale, in Scots property law, are a series of formal letters between the two parties, the Buyer and the Seller, containing the contract of sale for the transfer of corporeal heritable property (land) in Scotland. The term 'land' in this article includes buildings and other structures upon land. Example missives are available to view on the Law Society of Scotland and Property Standardisation Group websites. The missives of sale form the first of three stages required to validly transfer ownership of land in Scotland. The three stages are: # The Contractual Stage (The Missives of Sale) # The Conveyancing Stage # The Registration Stage Principles of the contract and conveyance stages Traditio legal system The contractual stage or ''missives of sale'' only create binding ''personal obligations'' (and their respective ''personal rights'') which are enforceable under the law of obligations ( Scottish contract law). These obligations are usually among other thing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Scotland
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word ''parliament'' to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the Legal name, official name. Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies. What is considered to be the first modern parliament, was the Cortes of León, held in the Kingdom of León in 1188. According to the UNESCO, the Decreta of Leon of 1188 is the oldest documentary manifestation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Parliament
The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. It is a democratically elected body and its role is to scrutinise the Scottish Government and legislate on devolved matters that are not Devolved, reserved and excepted matters, reserved to the Parliament of the United Kingdom. The Scottish Parliament comprises 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalised form of Additional-member system (MMP): 73 MSPs represent individual geographical Scottish Parliament constituencies and regions, constituencies elected by the Plurality voting system, plurality (first-past-the-post) system, while a further 56 are returned as list members from eight Additional-member system, additional member regions. Each region elects seven party-lis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
