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Scotland, uniquely, is the only Roman law based system which has no Civil Code. Nonetheless, there are recognized sources of Scots Law which can be quoted authoritatively. Outline the principal Sources of Scots Law providing examples of each as they might be encountered in a domestic or business context.

Category: Education Paper Type: Online Exam | Quiz | Test Reference: APA Words: 400

It is a well-known fact that Scotland is influenced by the UK and EU, but still, they have developed their own courts as well as laws. But it is important to see the sources of Scottish law. There are various principal sources of law, but one has to understand the overall perspective of Scottish law because it has been very complicated as well. That’s why there are various differences between Scottish law and English law. The main source of Scottish law is Roman law, which has made so much influence on Scottish law. For instance, the law of contract in Scotland is influenced by the contract law given in Roman law. In addition to that Institutional Writers have also been a major source of Scottish law, as they wrote various books detailing different principles. That’s why when lawyers deal with cases in Scotland; they look at the principles explained by the Institutional Writers, which helps them to understand different perspectives so that they can prepare strong arguments based on those principals (Shelter Scotland, 2019)

               The other important source of Scottish law is the case laws. The courts are strong in Scotland, and they can make so many changes in the law. In addition to that, the UK Parliament and legislation are another source of law for Scottish Law. The laws made by the UK parliament are named as “Acts of Parliament. It is important to understand that laws made in the UK can have an influence on Scotland, as they are part of the UK. The other major source of law for Scottish law is EU legislation. It is a fact that the UK was made a member of the EU in 1973. So, when any law or legislation is made by the EU parliament, it is valid in the UK as well, which means that such legislation will have an effect on Scottish law. For instance, an act was made by the EU with the name “European Union Act 2011” and this law is also applicable in the UK. It is important to understand that these principal sources of laws are crucial for Scottish law in so many ways (Shelter Scotland, 2019)

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