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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie☼

Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie☼

(p.126) 11 Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

In a case on the abandonment of a mineral lease on the ground of sterility considerable use appeared to be made of Roman law. Closer examination revealed that the references were apparently simply derived from Voet and that the Roman doctrine was not thoroughly understood. There is also evidence of concern that English law might be applied and uncertainty over whether Roman law meant the original Roman law or that law as adopted into Scots law, often by the institutional writers. Mineral leases were seen as a new development to which the Roman law focussed on agricultural leases was not necessarily relevant. New economic circumstances reduced the relevance of Roman law and there is also evidence of less understanding of it.

Keywords:   Leases, Sterility, Mineral leases, Agricultural leases, Roman law, Civil law, Voet, Institutional writers

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