Chapter

The Romanization of Property Law

Grant McLeod

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/9780198267782.003.0004
The Romanization of Property Law

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The law of property provides a promising area for exploration. The law of immoveable (or ‘heritable’) property was heavily influenced by feudalism from the early twelfth century onwards, so that many of its basic rules and institutions are clearly not of Roman origin. It is therefore be interesting to see whether feudalism acted as a barrier to Romanization. In comparison, the law of moveable property is quite Roman in appearance, although appearances may sometimes deceive. Another interesting question is whether the institutional writers thought that a unitary treatment of moveable and immoveable property on the Roman model was either possible or desirable.

Keywords: property law; feudalism; Romanization; moveable property; institutional writers; Roman law

Chapter.  15442 words. 

Subjects: Constitutional and Administrative Law

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