Scots Law

Scotland has a unique legal system that is different and independent from the English legal system with its own judicial system.

Scots law is not a common law system. It is a so-called mixed legal system, that has historically been influenced by Roman and Continental law. Since the 19th Century the influence of the legal system „South of the Border“ has increased. Scot law has quite a lot of similarities with the Roman-Dutch legal system in South-Africa.

As a result of EU-legislation more and more modern statutory instruments, especially in the area of commercial law and consumer protection, apply to the whole of the United Kingdom of Great Britain and Northern Ireland. However, in the field of classical civil law Scots law fortunately still retains its distinctive principles. Scots property law is more akin to continental law than to English law. Scots law recognizes contracts for the benefit of third parties. Furthermore, a pursuer can sue for performance of a contract whereas in England the only remedy is an action for damages or compensation in case of non-performance or breach of a contract.

The following links related to Scots law provide useful information:

• Website of the European Commission
  ec.europa.eu/civiljustice/legal_order/legal_order_sco_de.htm
• Website of the Law Society of Scotland
  www.lawscot.org.uk
• Website of the Scottish Law Reform Commission
  www.scotlawcom.gov.uk
• Website of the Scottish Judiciary
  www.scotcourts.gov.uk
• Website of the Scottish Government
  www.scotland.gov.uk
• Website of the Scottish Parliament
  www.scottish.parliament.uk
• Website of the Law Faculty University of Edinburgh
  www.law.ed.ac.uk