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Scots Property Law
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. In Scots law, the term 'property' does not solely describe land. Instead the term 'a person's property' is used when describing objects or 'things' (in Latin ''res'') that an individual holds a right of ownership in. It is the rights that an individual holds in a 'thing' that are the subject matter of Scots property law. The terms objects or 'things' is also a wide-ranging definition, and is based on Roman law principles. Objects (or things) can be physical (such as land, a house, a car, a statue or a keyring) or they can also be unseen but still capable of being owned, (e.g. a person can have a right to payment under a contract, a lease in a house, or intellectual property rights in relation to works (s)he produced). While this may appear to encompass a wide range of 'things', they can be classified and sorted according to a legal system's rules. In Scots property law, all 'thin ...
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Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted Property rights (economics), property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (or ''cooperative propert''y). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional ...
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Kingdom Of Great Britain
Great Britain, also known as the Kingdom of Great Britain, was a sovereign state in Western Europe from 1707 to the end of 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, which united the Kingdom of England (including Wales) and the Kingdom of Scotland to form a single kingdom encompassing the whole island of Great Britain and its outlying islands, with the exception of the Isle of Man and the Channel Islands. The unitary state was governed by a single Parliament of Great Britain, parliament at the Palace of Westminster, but distinct legal systems—English law and Scots law—remained in use, as did distinct educational systems and religious institutions, namely the Church of England and the Church of Scotland remaining as the national churches of England and Scotland respectively. The formerly separate kingdoms had been in personal union since the Union of the Crowns in 1603 when James VI of Scotland became King of England an ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation. The House of Commons is the elected lower chamber of Parliament, with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional conventi ...
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Parliament Of Great Britain
The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union 1707, Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a new unified Kingdom of Great Britain and created the parliament of Great Britain located in the former home of the English parliament in the Palace of Westminster, near the City of London. This lasted nearly a century, until the Acts of Union 1800 merged the separate British and Irish Parliaments into a single Parliament of the United Kingdom with effect from 1 January 1801. History Following the Treaty of Union in 1706, Acts of Union 1707, Acts of Union ratifying the Treaty were passed in both the Parliament of England and the Parliament of Scotland, which created a new Kingdom of Great Britain. The Acts paved the way for the enactment of the treaty of Union which created a new parliament, referred to as the 'Parliament of Great Britain' ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The UK includes the island of Great Britain, the north-eastern part of the island of Ireland, and most of List of islands of the United Kingdom, the smaller islands within the British Isles, covering . Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. It maintains sovereignty over the British Overseas Territories, which are located across various oceans and seas globally. The UK had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the UK is London. The cities o ...
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United Kingdom Of Great Britain And Ireland
The United Kingdom of Great Britain and Ireland was the union of the Kingdom of Great Britain and the Kingdom of Ireland into one sovereign state, established by the Acts of Union 1800, Acts of Union in 1801. It continued in this form until 1927, when it evolved into the United Kingdom, United Kingdom of Great Britain and Northern Ireland, after the Irish Free State gained a degree of independence in 1922. It was commonly known as Great Britain, Britain or England. Economic history of the United Kingdom, Rapid industrialisation that began in the decades prior to the state's formation continued up until the mid-19th century. The Great Famine (Ireland), Great Irish Famine, exacerbated by government inaction in the mid-19th century, led to Societal collapse, demographic collapse in much of Ireland and increased calls for Land Acts (Ireland), Irish land reform. The 19th century was an era of Industrial Revolution, and growth of trade and finance, in which Britain largely dominate ...
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Treaty Of Union
The Treaty of Union is the name usually now given to the treaty which led to the creation of the new political state of Great Britain. The treaty, effective since 1707, brought the Kingdom of England (which already included Wales) and the Kingdom of Scotland together to be "United into One Kingdom by the Name of Great Britain".: Both Acts of Union and the Treaty state in Article I: ''That the Two Kingdoms of Scotland and England, shall upon 1 May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN''. At the time it was more often referred to as the Articles of Union. The Treaty details were agreed on 22 July 1706, and separate Acts of Union were then passed by the parliaments of England and Scotland to put the agreed Articles into effect. The Treaty of Union was eventually passed in the Parliament of Scotland. The first Parliament of Scotland was a unicameral Parliament that was first mentioned on record in the 13th centur ...
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Court Of Session
The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union 1707, Acts of Union which established the Kingdom of Great Britain on 1 May 1707 provided that the court will "remain in all time coming" as part of Scotland's separate Scots law, legal system. Cases at trial court, first instance are heard in the Outer House by a single judge. The Inner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat at Parliament House, Edinburgh, Parliament House since 1707. The Scottish Courts and Tribunals Service and the Principal Clerk of Session ...
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Acts Of Union 1707
The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agreed on 22 July 1706, which politically joined the Kingdom of England and Kingdom of Scotland into a single "political state" named Kingdom of Great Britain, Great Britain, with Anne, Queen of Great Britain, Queen Anne as its sovereign. The English and Scottish acts of ratification took effect on 1 May 1707, creating the new kingdom, with Parliament of Great Britain, its parliament based in the Palace of Westminster. The two countries had shared a monarch since the "personal" Union of the Crowns in 1603, when James VI of Scotland inherited the English throne from his cousin Elizabeth I to become (in addition) 'James I of England', styled James VI and I. Attempts had been made to try to unite the two separate countries, in 1606, 1667, and in ...
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Sources Of Law
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" ("fons" in Latin) of law. Technically, anything that can create, change, or cancel any right or law is considered a source of law. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity. Legal theory usually classifies them into formal and material sources, although this classification is not always used consistently. Normally, formal sources are connected with what creates the law: statutes, case law, contracts, and so on. In contrast, material sources refer to the places where formal law can be found, such as the official bulletin or gazette where the legislator publishes the country's laws, newspapers, and public deeds. Following the Aristotelian notion of the four causes (material, formal, efficient, and final ...
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Scots Law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid. History of Scots law, Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time ...
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Davidian Revolution
The Davidian Revolution is a name given by many scholars to the changes which took place in the Kingdom of Scotland during the reign of David I (1124–1153). These included his foundation of burghs, implementation of the ideals of Gregorian Reform, foundation of monasteries, Normanisation of the Scottish government, and the introduction of feudalism through immigrant Norman and Anglo-Norman knights, as well as Flemish settlers. Overview King David I is still widely regarded as one of the most significant rulers in Scotland's history. The reason is what Barrow and Lynch both call the "Davidian Revolution". David's "revolution" is held to underpin the development of later medieval Scotland, whereby the changes that he inaugurated grew into most of the central non-native institutions of the later medieval kingdom. Barrow summarises the many and varied goals of David I, all of which began and ended with his determination "to surround his fortified royal residence and its mer ...
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