The "Pre-History" of Floating Charges in Scots Law

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Abstract

This chapter examines the position(s) on floating security under Scots law prior to the introduction of the statutory floating charge; what may be referred to as the ‘pre-history’ of floating charges. After briefly considering the Roman law position, the chapter spans a period from early Scots law up to the mid-twentieth century. It explores the rejection of general express hypothecs, including floating security, at common law in Scotland as well as the emergence of the English floating charge and Scottish reactions to that development.
Original languageEnglish
Title of host publicationFloating Charges in Scotland
Subtitle of host publicationNew Perspectives and Current Issues
EditorsJonathan Hardman, Alisdair D J MacPherson
PublisherEdinburgh University Press
Chapter1
Pages3-61
Number of pages59
ISBN (Electronic)9781474458740, 9781474458733
ISBN (Print)9781399530170, 9781474458726
DOIs
Publication statusPublished - May 2022

Publication series

NameEdinburgh Studies in Law
PublisherEdinburgh University Press

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