The Romanisation of Property Law

Grant McLeod

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Abstract

The law of property provides a promising area for exploration. The law of immoveable (or ‘heritable’) property was heavily influenced by feudalism from the early twelfth century onwards, so that many of its basic rules and institutions are clearly not of Roman origin. It is therefore be interesting to see whether feudalism acted as a barrier to Romanization. In comparison, the law of moveable property is quite Roman in appearance, although appearances may sometimes deceive. Another interesting question is whether the institutional writers thought that a unitary treatment of moveable and immoveable property on the Roman model was either possible or desirable.
Original languageEnglish
Title of host publicationA History of Private Law in Scotland
EditorsKenneth Reid, Reinhard Zimmermann
PublisherOxford University Press
Pagesch 4
Volume1: Introduction and Property
ISBN (Print)0198299419, 9780198267782
DOIs
Publication statusPublished - 2000

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