Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- ROMAN LAW
- ROMAN LAW AND SCOTS LAW
- 8 Roman and Scots Law – the Conditiones si sine Liberis Decesserit
- 9 Tge Interpretation of C 8.55.8
- 10 Cinus and Pierre de Belleperche
- 11 Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie
- 12 Servitudes. Scots Law and Roman Law
- 13 Roman Quasi-delicts and Scots Law
- 14 Risk in Sale – From Roman to Scots Law
- SCOTTISH LEGAL HISTORY
- ROMAN LAW INFLUENCE
- GENERAL INTEREST
- Table of Cases
- Table of Statutes
- Index
14 - Risk in Sale – From Roman to Scots Law
from ROMAN LAW AND SCOTS LAW
Published online by Cambridge University Press: 05 August 2013
- Frontmatter
- Contents
- Preface
- Acknowledgements
- ROMAN LAW
- ROMAN LAW AND SCOTS LAW
- 8 Roman and Scots Law – the Conditiones si sine Liberis Decesserit
- 9 Tge Interpretation of C 8.55.8
- 10 Cinus and Pierre de Belleperche
- 11 Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie
- 12 Servitudes. Scots Law and Roman Law
- 13 Roman Quasi-delicts and Scots Law
- 14 Risk in Sale – From Roman to Scots Law
- SCOTTISH LEGAL HISTORY
- ROMAN LAW INFLUENCE
- GENERAL INTEREST
- Table of Cases
- Table of Statutes
- Index
Summary
Scots law is commonly described as a “mixed” system of law. It is increasingly recognised that all systems are probably mixed in some degree but certain mixes have a particular interest because they involve some of the great families of legal systems which can be identified among the world's legal systems. The mixture referred to in the case of Scots law is a mixture of English common law and the Civil Law both of which have had widespread influence. It is clear that both of these systems have contributed to what has become modern Scots law. The question is how much each has contributed and how far one can speak of a reception of the Civil Law in Scotland. On this opinions differ and the question has not always been debated with total scientific objectivity. In any country the law is part of the national identity and Scots private law was deliberately retained as a separate system when Scotland and England finally were united into the new kingdom of Great Britain in 1707 with a single new monarchy and a single new parliament. In comparative terms at least the Scots law that was retained was noticeably more Civilian than the contemporary English law and so subsequent English influence could be seen as an encroachment on the identity of Scots law.
- Type
- Chapter
- Information
- Roman Law, Scots Law and Legal HistorySelected Essays, pp. 164 - 176Publisher: Edinburgh University PressPrint publication year: 2007