The Mixture Of Scots Law: Formation And Analysis

As a mixed legal system, scots law has both civil law tradition and common law tradition. The paper studies the trait of mixture in the light of legal system.The first two charters describe the whole course of reception of Roman law and remoulding of Scots law according to English law through which the trait formed. The former depicts the tide of studying abroad and the establishment of the Session which ensure success of reception. In the latter years of the eighteenth century the academic Scots law is ripe which marks completion of reception of Roman law. The latter is about channels of influence, leading status and in varied legal divisions varying degrees of influence of English law.Following three charters examine the trait from three angles: the division of jurisdiction, the sources of law , and institution of justice, which are nuclear essentials of legal system. The analyse discloses state of mixture of those parts in varying degrees. Civil law tradition dominants the division of jurisdiction which is disturbed by English influence. The sources of law take Common law tradition as primary factor. At the same time Civil law tradition plays a second but still important role. Institution of justice are made up of three main parts: courts, procedures and lawyers. In each part the two traditions are well-matched.The last charter considerates transplantations of trust and floating charge. The two typical cases show how mixture took place on a small scale. They are modified by Civil law tradition but not free their foundation of theory from Equity. All that advance and deepen the state of mixture.The paper concludes that is only too true that Scots law is a mixed legal system. Moreover it is closely linked with special history, culture and ethos of Scotland.