ABSTRACT

THE BOUNDARIES OF PROPERTY RIGHTS IN SCOTS LAW

David L Carey Miller and Malcolm M Combe

The General Reporter on Property Law for the XVIIth International Congress of Comparative Law invited comment in reply to a questionnaire entitled La Notion de Bien, or, to adopt the given English translation, “The Boundaries of Property Law”. The Scottish response to the questionnaire highlighted a number of areas which seemed worthy of further comment and this paper reflects in part the approach taken. Interpreting the theme more widely has provided the opportunity for the authors of this paper to look at the boundaries of Scottish property law from a more theoretical point of view, with consideration given to both private and public law.


Cite as: David L Carey Miller and Malcolm M Combe, The Boundaries of Property Rights in Scots Law, vol 10.3 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (December 2006), <http://www.ejcl.org/103/art103-4.pdf>.

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