Last modified: 23 Jul 2024 11:10
This course examines some key aspects of the Scots law of property. We shall build on many of the topics covered at pre-honours level. This subject draws upon a diverse range of sources and a long history. Topics will vary from one year to the next but may include original and derivative acquisition, real securities, title conditions, co-ownership and tenements, land reform and human rights issues in the law of property.
| Study Type | Undergraduate | Level | 4 |
|---|---|---|---|
| Term | Second Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
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One or more of these courses have a limited number of places. Priority access will be given to students for whom this course is compulsory. Please refer to the Frequently Asked Questions for more details on this process.
This course examines the main aspects of the Scots law of property. The course will cover the law of both immoveable and corporeal moveable property. Immoveable property refers to land and things attached to land such as buildings or structures. A corporeal moveable is anything that has a tangible existence – that is to say, is capable of being seen and touched – and is not attached to land. Corporeal moveables include everyday objects such as books, clothes, and vehicles, but also industrial machinery and equipment, as well as cultural objects such as paintings, sculptures, and archaeological discoveries.
The first aim of the course is to give students a sound understanding of the law of Scotland concerning property. The course will reflect on how the Scots law of property has evolved up to the present day. The second aim is to impart a critical awareness of contemporary dilemmas in property law and to evaluate current proposals for reform. The sources of property law in Scotland are diverse. They include significant influences from Anglo-Norman feudalism as well as the Civilian legal tradition. For this reason, the course occasionally refers to the law of other jurisdictions, such as France, South Africa, and England & Wales. The focus, however, will be on Scots law. Topics will vary from one year to the next but may include original and derivative acquisition, real securities, title conditions, co-ownership and tenements, land reform and human rights issues in the law of property.
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 50 | |
|---|---|---|---|---|
| Assessment Weeks | 31 | Feedback Weeks | 34 | |
| Feedback |
Individual written feedback. |
Word Count | 3000 | |
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Evaluate | Students should be able to evaluate Scots moveable property law against comparator jurisdictions, both within the Civilian family and the Common law family. |
| Factual | Analyse | Students should be able to analyse how the diverse sources of Scots corporeal moveable property law have affected its doctrinal development. |
| Procedural | Analyse | Students should be able to analyse general principles of Scots property law as they relate to specific aspects of moveable property. |
| Procedural | Analyse | Students should be able to analyse the social and cultural context in which the rules of corporeal moveable property law operate, including with regard to historically or archaeologically significant |
| Procedural | Evaluate | Students should be able to critically evaluate past and current proposals for reform to the Scots law of corporeal moveable property. |
| Assessment Type | Summative | Weighting | 50 | |
|---|---|---|---|---|
| Assessment Weeks | 41 | Feedback Weeks | ||
| Feedback |
Individual written feedback. |
Word Count | 3000 | |
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Evaluate | Students should be able to evaluate Scots moveable property law against comparator jurisdictions, both within the Civilian family and the Common law family. |
| Factual | Analyse | Students should be able to analyse how the diverse sources of Scots corporeal moveable property law have affected its doctrinal development. |
| Procedural | Analyse | Students should be able to analyse the social and cultural context in which the rules of corporeal moveable property law operate, including with regard to historically or archaeologically significant |
| Procedural | Analyse | Students should be able to analyse general principles of Scots property law as they relate to specific aspects of moveable property. |
| Procedural | Evaluate | Students should be able to critically evaluate past and current proposals for reform to the Scots law of corporeal moveable property. |
There are no assessments for this course.
| Assessment Type | Summative | Weighting | ||
|---|---|---|---|---|
| Assessment Weeks | 49 | Feedback Weeks | 50 | |
| Feedback |
If a student fails one of the course essays, they must re-sit the essay in the same format in the reassessment diet. If a student fails both course essays, they must submit two essays in the same format during the reassessment diet. Any passed essays may be carried forward. |
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Procedural | Analyse | Students should be able to analyse the social and cultural context in which the rules of corporeal moveable property law operate, including with regard to historically or archaeologically significant |
| Procedural | Evaluate | Students should be able to critically evaluate past and current proposals for reform to the Scots law of corporeal moveable property. |
| Procedural | Analyse | Students should be able to analyse general principles of Scots property law as they relate to specific aspects of moveable property. |
| Conceptual | Evaluate | Students should be able to evaluate Scots moveable property law against comparator jurisdictions, both within the Civilian family and the Common law family. |
| Factual | Analyse | Students should be able to analyse how the diverse sources of Scots corporeal moveable property law have affected its doctrinal development. |
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