Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-xtgtn Total loading time: 0 Render date: 2024-04-19T06:18:30.271Z Has data issue: false hasContentIssue false

3 - The Scottish civil code project

Published online by Cambridge University Press:  30 July 2009

Eric Clive
Affiliation:
Professor of Law University of Edinburgh, Scotland
Hector L. MacQueen
Affiliation:
University of Edinburgh
Antoni Vaquer
Affiliation:
Universitat de Lleida
Santiago Espiau Espiau
Affiliation:
Universitat de Lleida
Get access

Summary

The nature of the project

The Scottish civil code project is at present an unofficial project, based in the University of Edinburgh. The Scottish Minister for Justice and his officials know of the project but they have neither fully endorsed it nor rejected it. The present position is that the Minister has asked me to prepare a further paper explaining the scope of the project and an illustrative draft of a family law code. I have already submitted an illustrative draft of a general part. So links to the government remain open and work can proceed, even if on a slightly speculative basis for the time being.

The Scottish Law Commission, the statutory body charged with making law reform recommendations in Scotland, also knows of the project and expresses support for it in its latest programme of law reform. It presumably suits the Commission to have this long-term work undertaken outside the Commission because its resources are fully committed to more urgent projects, particularly in the field of property law.

I should emphasise that the aim of the project is a legislated code – enacted by the Scottish Parliament – and not simply a model code or unofficial restatement. It is therefore essential that the government is involved and interested.

Background

Attitudes of the legal community

Support from the legal community for the idea of codification cannot be taken for granted in Scotland.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×