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Author : Frankie McCarthy,James Chalmers,Stephen Bogle
Publisher : Unknown
Page : 420 pages
File Size : 42,5 Mb
Release : 2015-05-11
Category : Law
ISBN : 1783741481
Author : James Chalmers,Frankie Mccarthy,Stephen Bogle
Publisher : Unknown
Page : 416 pages
File Size : 43,7 Mb
Release : 2020-10-09
Category : Law
ISBN : 1013285344
Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Author : Frankie McCarthy,James Chalmers,Stephen Bogle
Publisher : Open Book Publishers
Page : 422 pages
File Size : 50,8 Mb
Release : 2015-05-11
Category : Law
ISBN : 9781783741472
Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.
Author : Robert Rennie
Publisher : Unknown
Page : 253 pages
File Size : 51,9 Mb
Release : 2008
Category : Conveyancing
ISBN : 041401698X
The collection of essays relate to the various aspects of property and conveyancing law and cover many of the difficult issues which have arisen within this legal area.
Author : Ann Stewart,Euan Sinclair
Publisher : Bloomsbury Publishing
Page : 887 pages
File Size : 53,8 Mb
Release : 2020-03-04
Category : Law
ISBN : 9781526509482
Covering the many changes to property law and conveyancing practice driven by the Scottish Parliament in recent years, including its land reform agenda, Conveyancing Practice in Scotland, Eighth Edition is an indispensable guide for residential and commercial property lawyers at all levels. Encompassing both commercial and residential conveyancing, the Eighth Edition of this highly regarded text, has been reviewed and updated throughout to take account of: - evolving and settled practice under the Land Registration etc (Scotland) Act 2012 - the practical effects of the community rights to buy - introduction of the Additional Dwelling Supplement on Land and Buildings Transaction Tax - prospective effects of the proposed Register of Controlled Interests in Land - the Scottish Law Commission proposals for changes to the law relating to title conditions, and heritable securities In addition to the property law aspects, this text also covers the practical and ethical considerations of acting in a conveyancing transaction, such as anti-money laundering procedures and conflicts of interest. Standard missive clauses are examined in detail with reference to their application in practice. Written by practising lawyers with many years of transactional and mentoring experience, this book is the only practical guide to managing conveyancing transactions in Scotland.
Author : Sarah Worthington,Andrew Robertson,Graham Virgo
Publisher : Bloomsbury Publishing
Page : 390 pages
File Size : 43,9 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781509913251
The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Author : Colin F. Wilder
Publisher : BRILL
Page : 385 pages
File Size : 42,6 Mb
Release : 2024-04-22
Category : Business & Economics
ISBN : 9789004685178
This book offers a new interpretation of German law and politics during the era between the Thirty Years’ War and the French Revolution. Liberal ideas of freedom and equality were prototyped in Germany in property law: through the free disposition of estates, freedom from taxation and other extractions, and free use of paper money. Civil liberty, ideas about equality, and restrictions on arbitrary state power were real, recognized, and meaningful. These freedoms were enjoyed by all classes of Germans. They were thought to have been built atop Germans’ ancient heritage of freedom and a federalist imperial constitution which inspired Montesquieu and the American Founders. Driving these trends were ideas about political economy, enlightened reform, practical problem-solving, as well as forces of supply and demand in everything from the market for books to the market for justice. This book places the story of early modern German freedom close by the side of more familiar stories of England, North America, France, and the Netherlands.
Author : Ernst Nordtveit
Publisher : Edward Elgar Publishing
Page : 321 pages
File Size : 43,6 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781839100659
This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.
Author : Hector L. MacQueen
Publisher : BRILL
Page : 615 pages
File Size : 48,6 Mb
Release : 2023-10-20
Category : History
ISBN : 9789004683761
This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.
Author : Amy Goymour,Stephen Watterson,Martin Dixon
Publisher : Bloomsbury Publishing
Page : 567 pages
File Size : 47,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509906048
The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention. In this book's twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.
Author : George Gretton,Andrew Steven
Publisher : Bloomsbury Publishing
Page : 687 pages
File Size : 54,9 Mb
Release : 2021-08-16
Category : Law
ISBN : 9781526518750
Property, Trusts and Succession, Fourth Edition provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scotland in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text. The Fourth Edition of this popular text takes account of significant recent developments, including the draft Moveable Transactions (Scotland) Bill and the ongoing land reform agenda. There is a new section on succession to digital assets. The key contents also includes: - Personal and real rights, and types of property - Ownership and how it is transferred - Prescription - Land registration - Possession - Subordinate real rights, including servitudes, real burdens, leases and securities - Proper and improper liferents - Trusts: constitution, administration and termination - Testate succession - Intestate succession - Execution of documents - Human rights - Appendix on the feudal system Whilst aimed primarily at undergraduates, this important title is also a useful source of reference for practitioners seeking a modern introduction to this area of law. George L Gretton is Lord President Reid Professor of Law Emeritus at the University of Edinburgh and a former Scottish Law Commissioner. Andrew J M Steven is Professor of Property Law at the University of Edinburgh and a former Scottish Law Commissioner.
Author : Luz M. Martínez Velencoso,Saki Bailey,Andrea Pradi
Publisher : Cambridge University Press
Page : 449 pages
File Size : 42,5 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107187092
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
Author : Hector L MacQueen
Publisher : Bloomsbury Publishing
Page : 440 pages
File Size : 42,6 Mb
Release : 2020-08-13
Category : Law
ISBN : 9781526513847
Provides a comprehensive introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: - Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts; - Includes examples of typical contract clauses and treats remedies in detail; - Is set in a comparative context and discusses the problems of cross-border and international contracts; - Explains the underlying principles of contract law; - Is written in a clear, well structured style and uses diagrams to illustrate complex situations. The fifth edition covers key Supreme Court cases including Cavendish Square Holding BV v Tala El Makdessi and ParkingEye Limited v Beavis regarding penalty clauses. It also includes a new chapter on capacity to make a contract ie 'Who can make a Contract?'
Author : Lorna Richardson,Craig Evan Anderson
Publisher : Bloomsbury Publishing
Page : 669 pages
File Size : 46,5 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781526513922
Covering residential, commercial and agricultural leases the fifth edition provides guidance on a wide range of topics including local authority tenancies, crofts, the Agricultural Holdings Acts and valuations of market rent. The fifth edition: - Takes full account of recent legislative changes including the Private Housing (Tenancies) (Scotland) Act 2016 and the Land and Buildings Transaction Tax (Scotland) Act 2013. - Details relevant new case law and the many changes in residential leases including legislation to abolish sales of public sector housing (the 'Right to Buy' scheme) and the introduction of the new 'private residential tenancy' covering renting rights. - Covers the Scottish Law Commission's review of commercial leases regarding how leases are terminated. - Covers the new Modern Limited Duration Tenancy for agricultural tenants, introduced by the Land Reform (Scotland) Act 2016.
Author : Sue Farran,Russell Hewitson,Adam Ramshaw
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 41,6 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781509939299
What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.