Course Catalogue

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This course introduces students to a more conceptual understanding of moveable/personal property law. It considers forms of moveable property, transfer of ownership ('property') in both Scots and English Law within and outside the area of Sale of Goods law, comparison of property systems with regard to moveable property, possessory and non-possessory security rights, insolvency, and trusts in commercial law.

10x2 hours seminars.

This course is principally available to LLB students (Scots Law or Common Law). Also open to visiting students having taken relevant courses previously.

Required: Admission to Honours in the LLB

Recommended: Property Law/Land Law/Equity and Trusts (level 2, Scots Law or Common Law) (or equivalent)

Recommended: Commercial Law (level 2, Scots Law or Common Law) (or equivalent)

None. 

None.

One essay of 1,500 words worth 25%, one examination in the April diet worth 75% of the overall grade; students to answer 2 questions from 4 in 2 hours.

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

The aim of the course is to:

■ Provide a critical understanding of the concept and transfer of moveable or personal property in Scots and English law

■ Obtain a good basic understanding of property concepts for the purpose of comparative property law (Roman Law based/Common Law-based systems)

■ Equip students with a good knowledge and understanding of (non)possessory security rights and their role in the case of insolvency

■ Provide a good understanding of commercial trusts

The course also aims to encourage and enable students to:

■ take responsibility for effective individual and group discussion and problem solving exercises

■ develop research and problem solving skills

■ develop critical analysis and reasoning, both oral and written.

By the end of this course students will be able to:

■ demonstrate an understanding of the concept of moveable/personal property in Scots and English law

■ explain the different concepts of (moveable) property in Roman law/Common law traditions in the form of a comparative law approach

■ discuss critically the forms of moveable property transfer within and outside a Sale of Goods setting in different legal systems (particularly, but not exclusively, in Scotland and England), as well as obtain an understanding of, and identify, different property transfer methods (consensual-causal-abstract) in different jurisdictions

■ explain the difference of transfer methods for different types of tangible-corporeal and intangible incorporeal moveable-personal property

■ demonstrate an understanding of possessory and non-possessory security rights

■ analyse critically the primary legal materials in the area of property law

■ evaluate and provide meaningful and informed comment on proposals for reform.

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.