Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-pwrkn Total loading time: 0 Render date: 2024-09-11T13:22:21.551Z Has data issue: false hasContentIssue false

13 - Roman Quasi-delicts and Scots Law

from ROMAN LAW AND SCOTS LAW

Published online by Cambridge University Press:  05 August 2013

William Gordon
Affiliation:
University of Glasgow
Get access

Summary

Quasi-delict as a term used to denote delictual obligations arising from fault rather than intent is well-established in Scots law. It owes its currency mainly to its use by the writer George Joseph Bell in his Principles of the Law of Scotland which first appeared in 1829. His probable source was Heineccius's Elementa iuris civilis. He was thus adopting a distinction between delict and quasi-delict which was commonly recognised among Civilian writers, In that particular sense it has come under criticism, among other things because as a general classification it gives no place to strict liability, but the acceptance of the term into Scots law is not in doubt. What is in doubt is the place of the Roman law obligations quasi ex delicto as set out in Justinian's Institutes, in particular the actio de effusis vel deiectis and the actio de positis vel suspensis both of which have come under some scrutiny in a recent case. These particular examples raise interesting questions relating to the reception of Roman law into Scots law. In particular they bring out the need to distinguish between Roman law and Civil Law, a distinction which is often blurred, and they bring out the importance of distinguishing between the appearance and the reality of Roman or Civilian influence. What appears to be Roman because expressed in terms of Roman law may turn out to be something different when examined more closely.

Type
Chapter
Information
Roman Law, Scots Law and Legal History
Selected Essays
, pp. 148 - 163
Publisher: Edinburgh University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×