production
Skip to Content

Log In

  1. University Home
  2. Catalogue of Courses
  3. Undergraduate
  4. 2015-2016
  5. Law
  6. LS4028: MOVEABLE PROPERTY (HONOURS)

LS4028: MOVEABLE PROPERTY (HONOURS) (2015-2016)

Last modified: 25 Mar 2016 11:33


Course Overview

This course involves a critical examination of the primary aspects of Scottish corporeal moveable property. The diverse sources reflect an intact historical continuity up to current reform and harmonisation proposals.  The course covers derivative and original acquisition, security and protection.  Douglas Bain, Andrew Simpson and Neil Curtis (cultural property) contribute.The approach to this course is ‘research led’.  Teachers engage with the class on projects they may be engaged in.  An important aim is to stimulate a critical law reform approach in an area in which unanswered questions and priority issues remain.

Course Details

Study Type Undergraduate Level 4
Term First Term Credit Points 25 credits (12.5 ECTS credits)
Campus None. Sustained Study No
Co-ordinators
  • Professor David Carey-Miller

Qualification Prerequisites

None.

What courses & programmes must have been taken before this course?

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

None.

Are there a limited number of places available?

No

Course Description

Course Aims: The first aim of this course is to equip students up to a relatively advanced level to understand and be able to apply the law of Scotland relating to corporeal moveable property. The emphasis is on the "grammar" of pure property law rather than on any particular form, such as "matrimonial property". The second aim is to impart a critical awareness of the difficulties and dilemmas of the law and to develop capacity and confidence to consider alternative solutions and possible bases for reform. Main Learning Outcomes:
  • Organize own learning and development
  • Manage own time
  • Listen effectively
  • Express ideals cogently
  • Solve problems
  • Think critically and creatively
  • Extract and analyse information from a variety of sources
  • Communicate clearly in writing and orally Knowledge and Understanding
  • Relating to basic principles of Scots property law;
  • Relating to particular aspects of Scots moveable property law;
  • Relating to the evaluation of alternative solutions to problems concerning title to property;
  • Relating to the interpretation of legal rules and the distinction between considerations of principle and policy. Seminars will cover the following topics:
  • 2 on derivative acquisition;
  • 1 on prescription;
  • 1 on protection;
  • 1 on original acquisition;
  • 1 on security and reservation of title;
  • 1 on treasure and corporeal cultural property issues. Subject-Specific Skills and Concepts Students will be able to: 1. Differentiate between and use appropriate primary and secondary sources and identify and retrieve up-to-date legal information using paper and electronic sources; 2. Use recognised methods of citation; 3. Use sources to support arguments and conclusions; 4. Recognise, analyse, and rank arguments and evidence in terms of relevance and importance by managing volume of legal sources and select key material to construct written or oral answers to a legal problem; 5. Identify the legal problem from information provided; 6. Address problems by reference to relevant material; 7. Bring together, integrate, compare and synthesise information and materials from a variety of different sources, which explore policy and doctrinal issues; 8. Be able to find in paper form legislative and case law materials in the Law Library; 9. Present arguments for and against propositions; 10. Be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments; 11. Apply knowledge and analysis creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law; 12. Think critically and make critical judgements on the relative and absolute merits of particular arguments and solutions and make choices as to the most preferable; 13. Communicate orally and in writing (and electronically where appropriate) using English language by creating work in a permanent format that is understandable by the intended audience (through submission of exam answers, essays, samples thereof and participating in tutorial discussion); 14. Communicate in plain English, with legal terminology only as needed; 15. Display informed knowledge and understanding of the social, economic, moral and ethical contexts in which law operates by demonstrating legal knowledge in association with related policy, underlying social conditions, professional ethical issues and moral issues. Key Skills (Transferable) 1. Communicate orally and in writing; 2. Ability to work effectively in small groups to contribute to the group's task; 3. Ability to work independently, to organise and manage time, stress and effort in performance of tasks; 4. Problem solving skills; 5. Critical analysis; 6. Logical argument; 7. An ability to synthesise and organise complex materials and arguments; 8. With limited guidance act independently, and where appropriate as part of team, in planning and undertaking tasks; 9. Conduct formal and informal oral presentations; 10. Make appropriate use of technology in research, writing and oral presentations; 11. Reflect on own learning and to seek and make use of feedback. Content: This course covers the main aspects of the law relating to corporeal moveable property in Scotland under the following general headings: derivative acquisition; original acquisition; prescription; protection; security and reservation of title; and any special legal provision relating to cultural moveable property.

    • Contact Teaching Time

    Information on contact teaching time is available from the course guide.

    Teaching Breakdown

    More Information about Week Numbers


    Details, including assessments, may be subject to change until 30 August 2024 for 1st term courses and 20 December 2024 for 2nd term courses.

    Summative Assessments

    1st Attempt: 1 three-hour examination (100%). Resit: Normally, no resit is available.

    Formative Assessment

    All students are required to present a short paper (taking no more than 15 minutes) on one of the subject sub-topics listed in the handout; the programme for these presentations is arranged at the first meeting with the aim that presentations commence at the second; students are required to hand in a written version of their paper (of no more than 1,500 words) within 1 week of presentation; papers will be assessed, commented on and returned, normally within 2 weeks of submission.

    Feedback

    Papers will be assessed, commented on and returned, normally within 2 weeks of submission.

    Course Learning Outcomes

    None.
     

    Compatibility Mode

    We have detected that you are have compatibility mode enabled or are using an old version of Internet Explorer. You either need to switch off compatibility mode for this site or upgrade your browser.