Chapter

Property Law: Sources and Doctrine

Kenneth Reid

in A History of Private Law in Scotland

Published in print December 2000 | ISBN: 9780198267782
Published online March 2012 | e-ISBN: 9780191683374 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267782.003.0003
Property Law: Sources and Doctrine

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This chapter is concerned with the law of property. The fact that a legal system is ‘mixed’ does not imply consistency in the mixture, whether measured by subject or by time. Not only may the proportions differ from subject to subject, but the ingredients themselves may not be the same. The first part of this chapter seeks to examine, through historical eyes, the mixture of sources and influences which make up the law of property. The second part considers the literature of the law, and the attempts to bind the disparate sources into some kind of a unified theory. In the final part there is a brief consideration of two doctrines which, in different ways, typify the law of property in Scotland. These doctrines are the doctrine of possession and the law of the tenement.

Keywords: property law; mixed legal system; law of the tenement; literature of the law; legal doctrine; Scotland

Chapter.  18062 words. 

Subjects: Constitutional and Administrative Law

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