A History of Private Law in Scotland: Volume 2: Obligations: Obligations

Hardcover | December 15, 2000

EditorKenneth Reid, Reinhard Zimmermann

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Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law--of the lawof Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field ofprivate law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuinguntil the eighteenth century. Canon law was also influential. This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was muchthat was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole.

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Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law--of the lawof Rome, received and developed in Continent...

Kenneth Reid is Professor of Law at Edinburgh University Reinhard Zimmermann is Professor of Private Law, Roman Law and Comparative Law in the University of Regensburg.

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Format:HardcoverPublished:December 15, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198299281

ISBN - 13:9780198299288

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Table of Contents

VOLUME 11. Kenneth Reid and Reinhard Zimmermann: The Development of Legal Doctrine in a Mixed System2. John W. Cairns: Historical Introduction3. Kenneth Reid: Property Law: Sources and Doctrine4. Grant McLeod: The Romanization of Property Law5. C. G. van der Merwe: Accession by Building6. D. L. Carey Miller: Transfer of Ownership7. M. J. de Waal: Servitudes8. Andrew J. M. Steven: Rights in Security over Moveables9. Martin Hogg: Leases: Four Historical Portraits10. Klaus Luig: Assignation11. Niall Whitty: Water Law Regimes12. George Gretton: TrustsVOLUME 21. Gerhard Lubbe: Formation of Contract2. Eric Clive: Interpretation3. William W. McBryde: Error4. J. E. du Plessis: Force and Fear5. Laura J. Macgregor: Pacta Illicita6. Joe Thomson: Unfair Contract Terms7. David Johnston: Breach of Contract8. Alastair Smith: Specific Implement9. Hector L. MacQueen: Third Party Rights in Contract10. W. D. H. Sellar: Promise11. P. J. Sutherland: Contractual Restrictive Covenants12. William M. Gordon: Sale13. A. D. M. Forte: Insurance14. Robin Evans-Jones: Unjustified Enrichment15. Daniel Visser and Niall Whitty: The Structure of the Law of Delict16. Kenneth McK. Norrie: The Intentional Delicts17. Hector L. MacQueen and W. D. H. Sellar: Negligence18. Reinhard Zimmermann and Philip Simpson: Strict Liability19. Phillip Simpson: Vicarious Liability20. Reinhard Zimmermann and Philip Simpson: Liability Among Neighbours21. John Blackie: Defamation

Editorial Reviews

`there is an immense amount of interest, importance and value in these essays. They have been most thoroughly researched and make substantial additions to our understanding of the themes.'The Journal of the Law Society of Scotland, July 2001