Donation in Scots Law

DONATION IN EUROPE, Martin Schmidt Kaessel, ed., Forthcoming

U. of Edinburgh School of Law Working Paper No. 2009/21

37 Pages Posted: 10 Sep 2009

See all articles by Hector Lewis MacQueen

Hector Lewis MacQueen

University of Edinburgh - School of Law

Martin Hogg

University of Edinburgh - School of Law

Date Written: September 10, 2009

Abstract

This paper is a Scots law contribution to a collection of essays on the laws of donation in the European jurisdictions, with comparative introduction and conclusions. The research has underpinned the work on donation carried out in the Study Group for a European Civil Code and its Principles of European Law series, and also published in the final edition of the Draft Common Frame of Reference. The paper's original contribution is an analysis of the relationship in Scots law between the contract of donation and the gratuitous unilateral promise, which is binding if certain conditions are met. The paper notes that, possibly reflecting the influence of English law, donation is today seen as primarily about transfers of property; but that otherwise much of the law continues to reflect its Civilian origins.

Keywords: law, comparative law, Scots law, obligations, contract of donation, unilateral promise, gratuitousness, transfer of property

Suggested Citation

MacQueen, Hector Lewis and Hogg, Martin, Donation in Scots Law (September 10, 2009). DONATION IN EUROPE, Martin Schmidt Kaessel, ed., Forthcoming; U. of Edinburgh School of Law Working Paper No. 2009/21. Available at SSRN: https://ssrn.com/abstract=1471376 or http://dx.doi.org/10.2139/ssrn.1471376

Hector Lewis MacQueen (Contact Author)

University of Edinburgh - School of Law ( email )

Edinburgh EH8 9YL
United Kingdom
+44 131-650-2060 (Phone)
+44 131-662-4902 (Fax)

Martin Hogg

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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