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Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland$
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Vernon Palmer and Elspeth Reid

Print publication date: 2009

Print ISBN-13: 9780748638864

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638864.001.0001

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Praedial Servitudes

Praedial Servitudes

Chapter:
(p.1) 1 Praedial Servitudes
Source:
Mixed Jurisdictions Compared
Author(s):

Kenneth G C Reid

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638864.003.0011

There is much that is similar or the same in the law of praedial servitudes in Scotland and Louisiana, but there are also significant points of difference. This chapter is organized as follows. Section A gives an overview of the law and sets that law in some kind of historical context. How is the law to provide where parties have failed to provide for themselves? This subject is quite a large one and the chapter considers only two specific aspects. One is the extent to which a servitude carries with it rights not mentioned in the juridical act which brought the servitude into being. The other is the circumstances under which the law will take the radical step of creating a servitude which the parties themselves have done nothing to bring about. These topics are explored in Sections B and C, respectively. Finally, Section D attempts to draw comparative conclusions of a more general nature.

Keywords:   law of praedial servitudes, Scotland, Louisiana, juridical act, accessory rights

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