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14 - Risk in Sale – From Roman to Scots Law

from ROMAN LAW AND SCOTS LAW

Published online by Cambridge University Press:  05 August 2013

William Gordon
Affiliation:
University of Glasgow
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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
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Roman Law, Scots Law and Legal History
Selected Essays
, pp. 164 - 176
Publisher: Edinburgh University Press
Print publication year: 2007

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