Foundattions of private law - Scotland

What is the basic structure of private law?

The law of:

• Person

• Things

• Actions

How did the Roman law become developed and structured?

• Developed over 1000 years

• Its development was not logical or rational

• Based on classical law and of human action and need

What was the goal of the Institutional scheme?

To provide a map of the law and to keep it under control.

What is the meaning of law of things according to Barry Nicholas?

• Assets of economic value

What is the law of things split into?

• Law of inheritance

• Lae of succession

• Law of obligation

What are the 2 ways that ownership can be acquired under the law of Things (Res)?

• Through original acquisition

• Derivative acquisition ( Transfer)

What is the meaning of original acqusition?

• Obtaining ownership of something that currently has no owner

ie unowned property

What is there meaning of derivative acquisition?

• Acquiring ownership from previous owner through legal transfer
  ie inheritance

How can the rights associated with ownership may be limited?

By:

• Servitudes

• Right in security

What is the meaning of servitudes?

• While owning a thing (Res) , someone else may also have a lesser right to the thing (res) owned.

What is the meaning of ‘Right in security?’

• The owner of a thing may grant someone else the right to take ownership of it in certain circumstances.

What is the meaning of Obligation (Legal term)?

• To be ‘Binded’

• Derived from the latin word Obligare

What are the 2 types of obligation?

• Voluntary

• Involuntary

What is the meaning of voluntary obligation?

• Legally enforceable ( can be recognised by legal systems)

• Arise from contracts entered voluntarily by the person involved

• Contract binds the person to what they have promised/agreed to do

What is an involuntary obligation?

• Arise spontaneously

• Wether the person wishes them to be by various faults ( delictum ) law of delict

• Wether the person has been unduly enriched without any legal cause (dealt with under the law of unjustified enrichment)