Protecting Legitimate Expectations and Estoppel in Scots Law: Report to the XVIIth International Congress of Comparative Law, July 2006 (Response to Questionnaire II.A.4)

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Abstract

Scotland has a mixed legal system in the sense that elements of both the
Common Law and Civil Law traditions coexist in many areas of its
private law. This topic offers an illustration of that mixed character.
There is no Scots doctrine of legitimate expectations or estoppel as
such, but the functional equivalent is to be found in the law of
personal bar, a topic of considerable practical importance as well as
theoretical interest. While the English law of estoppel has been drawn
upon extensively by the Scots courts, estoppel and personal bar do not
directly equate, as will be discussed below. Moreover, there are
features of the Scots doctrine which suggest similarity with the Civil
Law of abuse of rights, and some of the terminology used for bar has an
identifiable ius commune derivation. The questionnaire set by the
General Reporter invited discussion of the general nature and origins
of the doctrine, with an emphasis on its implications for contract law,
but it should be noted that personal bar has extensive application in
many other areas of the law.

Original languageEnglish
Number of pages22
JournalElectronic Journal of Comparative Law
Volume10
Publication statusPublished - 2006

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