A History of Private Law in Scotland

Volume 2: Obligations

Edited by Kenneth Reid and Reinhard Zimmermann

First detailed and systematic account of the history of private law in Scotland
Gives an important insight into the interaction of common law and civil law in a mixed legal system; a primary current concern in European law since the EU combines common law (UK and Ireland) systems with civil law systems

A History of Private Law in Scotland

Volume 2: Obligations

Edited by Kenneth Reid and Reinhard Zimmermann

Description

Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law—of the law of Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law.

Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field of private law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuing until the eighteenth century. Canon law was also influential. This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was much that was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole.

A History of Private Law in Scotland

Volume 2: Obligations

Edited by Kenneth Reid and Reinhard Zimmermann

VOLUME 1
1:The Development of Legal Doctrine in a Mixed System, Kenneth Reid and Reinhard Zimmermann
2:Historical Introduction, John W. Cairns
3:Property Law: Sources and Doctrine, Kenneth Reid
4:The Romanization of Property Law, Grant McLeod
5:Accession by Building, C. G. van der Merwe
6:Transfer of Ownership, D. L. Carey Miller
7:Servitudes, M. J. de Waal
8:Rights in Security over Moveables, Andrew J. M. Steven
9:Leases: Four Historical Portraits, Martin Hogg
10:Assignation, Klaus Luig
11:Water Law Regimes, Niall Whitty
12:Trusts, George Gretton
VOLUME 2
1:Formation of Contract, Gerhard Lubbe
2:Interpretation, Eric Clive
3:Error, William W. McBryde
4:Force and Fear, J. E. du Plessis
5:Pacta Illicita, Laura J. Macgregor
6:Unfair Contract Terms, Joe Thomson
7:Breach of Contract, David Johnston
8:Specific Implement, Alastair Smith
9:Third Party Rights in Contract, Hector L. MacQueen
10:Promise, W. D. H. Sellar
11:Contractual Restrictive Covenants, P. J. Sutherland
12:Sale, William M. Gordon
13:Insurance, A. D. M. Forte
14:Unjustified Enrichment, Robin Evans-Jones
15:The Structure of the Law of Delict, Daniel Visser and Niall Whitty
16:The Intentional Delicts, Kenneth McK. Norrie
17:Negligence, Hector L. MacQueen and W. D. H. Sellar
18:Strict Liability, Reinhard Zimmermann and Philip Simpson
19:Vicarious Liability, Phillip Simpson
20:Liability Among Neighbours, Reinhard Zimmermann and Philip Simpson
21:Defamation, John Blackie

A History of Private Law in Scotland

Volume 2: Obligations

Edited by Kenneth Reid and Reinhard Zimmermann

Author Information

Edited by Kenneth Reid, Professor of Law, University of Edinburgh, and Reinhard Zimmermann, Professor of Law, University of Regensburg

Contributors:

VOLUME ONE
John W. Cairns is Professor of Legal History in the University of Edinburgh.
D. L. Carey Miller is Professor of Property Law in the University of Aberdeen.
M. J. de Waal is Professor of Private Law in the University of Stellenbosch.
George Gretton is Lord President Reid Professor of Law in the University of Edinburgh.
Martin Hogg is a Lecturer in Law in the University of Edinburgh.
Klaus Luig is Professor of Private Law and Roman Law in the University of Cologne.
Grant McLeod is a Lecturer in Law in the University of Edinburgh.
Kenneth Reid is Professor of Property Law in the University of Edinburgh.
C. G. van der Merwe is Professor of Civil Law in the University of Aberdeen.
Andrew J. M. Steven is a solicitor.
Niall Whitty is a Visiting Professor of Law in the University of Edinburgh.
Reinhard Zimmermann is Professor of Private Law, Roman Law and Comparative Law in the University of Regensburg.
John Blackie is a Professor of Law in the University of Strathclyde.
Eric Clive is a Visiting Professor of Law in the University of Edinburgh.
J. E. Du Plessis is Professor of Private Law and Roman Law in the University of Stellenbosch.
Robin Evans-Jones is Professor of Jurisprudence in the University of Aberdeen.
A. D. M. Forte is Professor of Commercial Law in the University of Aberdeen.
William M. Gordon is Douglas Professor of Civil Law Emeritus in the University of Glasgow.
David Johnston is an advocate and an Honorary Professor of Law in the University of Edinburgh.

VOLUME TWO
Gerhard Lubb is Professor of Private Law in the University of Stellenbosch.
William W. McBride is Professor of Commercial Law in the University of Edinburgh.
Laura J. Macgregor is Dundas & Wilson Lecturer in Commercial Law in the University of Glasgow.
Hector L. MacQueen is Professor of Private Law in the University of Edinburgh.
Kenneth McK. Norrie is a Professor of Law in the University of Strathclyde.
Kenneth Reid is Professor of Property Law in the University of Edinburgh.
Philip Simpson is an intrant to the Faculty of Advocates.
Alastair Smith is a Senior Lecturer in Mercantile Law in the University of South Africa.
W. D. H. Sellar is an Honorary Fellow in Law in the University of Edinburgh.
Philip J. Sutherland is a Senior Lecturer in Mercantile Law in the University of Stellenbosch.
Joe Thomson is Regius Professor of Law in the University of Glasgow.
Daniel Visser is Professor of Private Law in the University of Cape Town.
Niall Whitty is a Visiting Professor of Law in the University of Edinburgh
Reinhard Zimmermann is Professor of Private Law, Roman Law and Comparative Law in the University of Regensburg.

A History of Private Law in Scotland

Volume 2: Obligations

Edited by Kenneth Reid and Reinhard Zimmermann

Reviews and Awards

"... fine collection. Handsomely turned out and sensitively edited, Reid and Zimmermann's publication is indispensable for readers in quest of a nuanced historical account of Scots private law." - ZNR (Zeitschrift für Neuere Rechtsgeschichte

"... there is an immense amount of interest, importance and value in these essays. They have been most thoroughly researched and make substantial additions to our understanding of the themes." - The Journal of the Law Society of Scotland