Chapter

Rights in Security over Moveables

Andrew J. M. Steven

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/9780198267782.003.0008
Rights in Security over Moveables

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In Scotland the law of rights in security over moveables remains underdeveloped. One of the greatest problems, and the one alluded to by the writers, is the rigid rule that in general there can be no real right in security unless the creditor has possession of the property. One of the aims of this chapter is to investigate how Scots law developed in order to reach this position. It attempts to examine the development of the three main types of real security over corporeal moveables: pledge, hypothec, and lien. Their history is explored to see to what extent they are based on Roman concepts and to what extent they have been influenced by other sources, in particular English law.

Keywords: law of rights; security over moveables; Scots law; pledge; hypothec; lien

Chapter.  15209 words. 

Subjects: Constitutional and Administrative Law

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