Introduction
In this chapter, we begin looking at the law of property, and more specifically at the concepts of ownership and possession. Property law is the area of modern Scots law in which the influence of Roman law is perhaps the most obvious, and the same is true in many other legal systems.
This influence, though, mostly comes through in the general principles involved rather than in specific rules. Much of an account of Roman property law has to concern itself with the procedural rules for enforcing property rights, and these have had less influÂence on later law. For this reason, in this chapter we will look first at some of the general principles of property law, specifically the concepts of real and perÂsonal rights, ownership and possession, noting where appropriate the Roman influence on modern law. We will then look at the procedural mechanisms by which an owner or possessor could protect his or her position, an area that has had less direct influence on modern law. Finally, we will consider briefly certain rights that fulfilled a similar function to ownership, but which do not appear in modern Scots law.In Chapters 11 and 12, we will continue looking at ownership, and in particuÂlar how ownership is acquired. Property could be classified in various ways, which was significant in the transfer of ownership. These classifications of property will, therefore, be considered in Chapter 11.
B.
Source:
Anderson Craig. Roman Law for Scots Law Students. Edinburgh University Press,2021. — 496 p.. 2021
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