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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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The Importance of the iusta causa of traditio☼

The Importance of the iusta causa of traditio☼

(p.70) 7 The Importance of the iusta causa of traditio
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

It is suggested that the issue of the iusta causa of traditio has caused more problems for Romanists because of the conflict between D. 12.1.18pr and D. 41.1.36 than it actually would have caused the Romans. It has not been a serious issue in Scots law which purports to follow Roman law and there are few texts in Roman law, none involving third parties. So far as transfer and proof of ownership resulting were concerned usucapio was probably more important and is indeed more discussed.

Keywords:   Traditio, Iusta causa, Roman law, Scots law, Usucapio, Proof of ownership

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