Chapter

Roman Law in a Nineteenth-century Scottish Case: <i>Gowans v Christie</i><sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748625161.003.0011
Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie☼

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In a case on the abandonment of a mineral lease on the ground of sterility considerable use appeared to be made of Roman law. Closer examination revealed that the references were apparently simply derived from Voet and that the Roman doctrine was not thoroughly understood. There is also evidence of concern that English law might be applied and uncertainty over whether Roman law meant the original Roman law or that law as adopted into Scots law, often by the institutional writers. Mineral leases were seen as a new development to which the Roman law focussed on agricultural leases was not necessarily relevant. New economic circumstances reduced the relevance of Roman law and there is also evidence of less understanding of it.

Keywords: Leases; Sterility; Mineral leases; Agricultural leases; Roman law; Civil law; Voet; Institutional writers

Chapter.  7854 words. 

Subjects: History of Law

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