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A Mixed Legal System in TransitionT. B. Smith and the Progress of Scots Law$
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Elspeth Reid and David Carey Miller

Print publication date: 2005

Print ISBN-13: 9780748623358

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748623358.001.0001

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T B Smith’s Property

T B Smith’s Property

Chapter:
(p.173) 8 T B Smith’s Property
Source:
A Mixed Legal System in Transition
Author(s):

D L Carey Miller

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748623358.003.0008

This chapter considers T B Smith's property work. It begins with some comments on what he wrote about the subject in general, including his contribution to the important notion of a general Scots property law. It presents observations on Smith's forays into heritable property, although not his field. The longest section, on corporeal moveable title problems, considers aspects of Smith's quite extensive specialised work, including the property provisions of the Sale of Goods Act 1979. An evaluation of Smith's contribution raises the issue of the dominant influence of English law. Whether caricature or clarion call, there is no doubt that this is thought of as an active and overt feature of his work. While its chemistry in the Smith psyche will remain a mystery, the accuracy and utility of his characteristic depiction of Scots private law in terms of English influence, or threat of influence, is open to evaluation. The chapter concludes that Smith was sometimes off the mark because he was driven to demonstrate and protect the distinctive character of Scots law.

Keywords:   property work, Scots law, heritable property, corporeal moveable title problems, English law

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