Chapter

Praedial Servitudes

Kenneth G C Reid

in Mixed Jurisdictions Compared

Published by Edinburgh University Press

Published in print October 2009 | ISBN: 9780748638864
Published online March 2012 | e-ISBN: 9780748651443 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748638864.003.0011
Praedial Servitudes

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There is much that is similar or the same in the law of praedial servitudes in Scotland and Louisiana, but there are also significant points of difference. This chapter is organized as follows. Section A gives an overview of the law and sets that law in some kind of historical context. How is the law to provide where parties have failed to provide for themselves? This subject is quite a large one and the chapter considers only two specific aspects. One is the extent to which a servitude carries with it rights not mentioned in the juridical act which brought the servitude into being. The other is the circumstances under which the law will take the radical step of creating a servitude which the parties themselves have done nothing to bring about. These topics are explored in Sections B and C, respectively. Finally, Section D attempts to draw comparative conclusions of a more general nature.

Keywords: law of praedial servitudes; Scotland; Louisiana; juridical act; accessory rights

Chapter.  14334 words. 

Subjects: Comparative Law

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