Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- ROMAN LAW
- ROMAN LAW AND SCOTS LAW
- SCOTTISH LEGAL HISTORY
- 15 The Right of Women to Graduate in Medicine – Scottish Judicial Attitudes in the Nineteenth Century
- 16 Property and Succession Rights
- 17 George Joseph Bell – Law Commissioner
- 18 Variation and Discharge of Land Obligations
- 19 Stair, Grotius and the Sources of Stair's Institutions
- 20 The Acts of the Scottish Lords of Council in the Late Fifteenth and Early Sixteenth Centuries: Records and Reports
- 21 Balfour's Registrum
- ROMAN LAW INFLUENCE
- GENERAL INTEREST
- Table of Cases
- Table of Statutes
- Index
16 - Property and Succession Rights
from SCOTTISH LEGAL HISTORY
Published online by Cambridge University Press: 05 August 2013
- Frontmatter
- Contents
- Preface
- Acknowledgements
- ROMAN LAW
- ROMAN LAW AND SCOTS LAW
- SCOTTISH LEGAL HISTORY
- 15 The Right of Women to Graduate in Medicine – Scottish Judicial Attitudes in the Nineteenth Century
- 16 Property and Succession Rights
- 17 George Joseph Bell – Law Commissioner
- 18 Variation and Discharge of Land Obligations
- 19 Stair, Grotius and the Sources of Stair's Institutions
- 20 The Acts of the Scottish Lords of Council in the Late Fifteenth and Early Sixteenth Centuries: Records and Reports
- 21 Balfour's Registrum
- ROMAN LAW INFLUENCE
- GENERAL INTEREST
- Table of Cases
- Table of Statutes
- Index
Summary
In the law of property, discrimination is most likely to affect the capacity to hold property, the capacity to acquire it or the capacity to dispose of it, The law of succession is relevant both to acquisition and disposal and may contain discriminatory rules to the advantage or disadvantage of the male or the female. To modern eyes at least, there is no obvious reason why gender should be relevant either to the law of property or to the law of succession, Male and female are equally capable of using and enjoying property and equally have needs and desires which can be satisfied by having property and control over it. They should therefore be treated alike by the law and have the same capacity to hold, acquire and dispose of it. Similarly they should have equal rights in the law of succession, as succession may be an important source of acquisition of property and there is no good reason for making a distinction between male and female in this area of the law. If male and female should be treated alike it can be argued that it should be irrelevant whether that male and female are married to one another. In case of marriage each should retain his or her own property with full powers of acquisition and disposal, unless of course any property is shared by agreement.
- Type
- Chapter
- Information
- Roman Law, Scots Law and Legal HistorySelected Essays, pp. 194 - 210Publisher: Edinburgh University PressPrint publication year: 2007