Transfer of Ownership

D. L. Carey Miller

in A History of Private Law in Scotland

Published in print December 2000 | ISBN: 9780198267782
Published online March 2012 | e-ISBN: 9780191683374 | DOI:
Transfer of Ownership

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For a large part of the development of Scots law there has been a tendency to think in terms of a distinction between moveable and immoveable property as a matter of doctrine rather than a mere distinction between the two major categories of property within a unitary law of property. A possible explanation for this at a general level is the scope for ambivalence in a system in which the very roots are to some extent mixed. Although the civilian distinction between real and personal rights came to be dominant it did so in a context which included legal concepts which were not civilian. The transfer of ownership in moveable property has been analysed in a number of recent works. This chapter accordingly concentrates entirely on immoveable property.

Keywords: immoveable property; moveable property; law of property; real rights; personal rights; transfer of ownership

Chapter.  18847 words. 

Subjects: Constitutional and Administrative Law

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