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Title: Pledge and lien in Scots law
Author: Steven, Andrew J. M.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1997
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The purpose of this thesis is to consider the Scots law relating to two of the principal types of security over moveable property. The first to be studied is pledge, the basic form of real security in most legal systems. A historical account of the subject is given, with a particular focus on Roman and Anglo-Norman law. This is followed by a comprehensive discussion of the modern rules of pledge, including the secured obligation, the constitution of the security and its enforcement. Comparative material is used to draw conclusions on the state of development of the law. In the second place, the law of lien is examined. Once again the historical development of the security is traced in detail. Here the story is a longer one, because the law only became settled into its modern form after the writings of George Joseph Bell in the early nineteenth century. The substantive body of law on lien is given a detailed analysis. Particular focus is placed on the type of obligation a lien may secure, the type of property which may form the security subjects and the type of holding which is required on the part of the creditor. Both special lien and general lien are examined. Again, reference is made to comparative material. The final section of the thesis explores the conceptual differences between pledge and lien, a matter which has been the subject of little previous examination in Scotland.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available