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The Structure of the Law of Delict in Historical Perspective

DANIEL VISSER and NIALL WHITTY

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0015
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter aims to trace and describe the historical evolution of the distinctions between: the criminal law and private law as manifested in the law of delict; the law of property and the law of ... More


Negligence

HECTOR L. MACQUEEN and W. D. H. SELLAR

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0017
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on the year 1795 until 1932, a period which marks a great shift and change in the history of the law of delict in Scotland. In the early period of Scots’ law of delict, ... More


Foundations

Christian Von Bar

in The Common European Law of Torts: Volume One

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198260561
eISBN:
9780191682117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260561.003.0001
Subject:
Law, EU Law

This chapter begins with a discussion of the term ‘law of delict’. It then discusses liability for personal misconduct and liability without personal misconduct.


The Law of Delict, Constitutional, and Criminal Law

Christian Von Bar

in The Common European Law of Torts: Volume One

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198260561
eISBN:
9780191682117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260561.003.0006
Subject:
Law, EU Law

This chapter considers the relationships between the law of delict and constitutional law, and the law of delict and criminal law.


Aquilian Liability II (Twentieth Century)

Dale Hutchison

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0019
Subject:
Law, Legal History

The story of the development of the Aquilian action in the 20th century is largely one of the struggle to free the action from outdated confines, by extending it to conduct and harm of all kinds. ... More


Strange Gods in the Twenty-First Century: the Doctrine of Aemulatio Vicini

Elspeth Reid

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0011
Subject:
Law, Legal History

Smith's inaugural lecture as Professor of Civil Law at the University of Edinburgh in 1958 set out the manifesto for Smith's comparative law. The lecture took as its starting point the conceptual ... More


Aquilian Liability I (Nineteenth Century)

AnnÉl van Aswegen

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0018
Subject:
Law, Legal History

This chapter discusses the historical development of the actio legis Aquiliae in South Africa. During the period under discussion the actio legis Aquiliae remained essentially Roman-Dutch in nature ... More


The Roman Law of Obligations

Peter Birks

Eric Descheemaeker (ed.)

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198719274
eISBN:
9780191788543
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198719274.001.0001
Subject:
Law, Law of Obligations, Legal History

This volume, the first in the Collected Papers of Peter Birks series, contains notes on a series of lectures on the Roman law of obligations which were delivered in Edinburgh in 1982. Their ... More


Voluntary Obligations

Neil MacCormick

in Legal Right and Social Democracy: Essays in Legal and Political Philosophy

Published in print:
1984
Published Online:
March 2012
ISBN:
9780198255024
eISBN:
9780191681561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255024.003.0010
Subject:
Law, Philosophy of Law

Voluntary obligations are those which arise from contracts and promises; obediental obligations include those whose incidence is determined by the law of delict. It might be thought that speculation ... More


Crimes Against Peace: Definition and Bases of Responsibilit y

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0010
Subject:
Law, Public International Law

This chapter describes the principles applied by the various tribunals involved in imposing responsibility for crimes against peace: reference is made to the discussions of the International Law ... More


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