THE LAW OF PROPERTY

THE LAW OF PROPERTY
Course Code
LS 2027
Credit Points
15
Course Coordinator
Mr M Combe

Pre-requisites

Legal System; Foundations of Private Law

Available only to LLB students in Programme year 2 or above and graduates on the 2 year degree, except with permission of the Head of School. It is not open to any students on any other degree programme.

Overview

This course builds upon the introduction to key property concepts provided in Foundations of Private Law in order to provide students with a broad knowledge of the key features of the system of heritable and movable property ownership in Scots law. In particular, it analyses the meaning of property, the main consequences of the distinction between heritable and movable property, the fundamental distinction between real and personal rights, the distinction between real right of ownership and the more factual condition of possession, the nature, content and limitations on ownership, the most important original and derivative modes of acquisition of ownership (including registration of heritable property), the basic characteristics of co-ownership and the law of the tenement, the law of servitudes, leases and securities, and the basic concepts of intellectual property law.

Structure

3 one-hour lectures per week and a total of 3 one-hour tutorials.

Assessment

1st Attempt: 1 two-hour examination (100%).

Resit: 1 two-hour examination (100%).

Formative Assessment

Students will be required to submit one non-counting answer of around 800-1,000 words to a problem question.

Feedback

A lecture will be given over to discussing the answer to the problem question.

A model answer will be provided and the students' work returned with written comments thereon.

Students who fail the final exam have the option to go over their first paper prior to the resit.

Feedback will be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.