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- Title
Transmissibility of Lease Conditions in Scots Law - A Doctrinal-Historical Analysis.
- Authors
Haughey, David
- Abstract
This article examines the historical development of the rules applied by the Scottish courts to the transmission of terms in contracts of lease in cases where the original landlord sells the land to a new owner (a so-called 'singular successor'). The relevant rules determine which terms of the contract of lease are regarded as 'personal conditions', binding only the original parties, and which are 'real conditions' capable of binding singular successors as landlord. As the author demonstrates, the so-called 'inter naturalia' approach which has often been applied by the courts to test transmissibility is defective; a revised approach is needed.
- Subjects
LEASES; CONDITIONS (Law); SCOTTISH law; HISTORICAL analysis; LANDLORD-tenant relations
- Publication
Edinburgh Law Review, 2015, Vol 19, Issue 3, p333
- ISSN
1364-9809
- Publication type
Article
- DOI
10.3366/elr.2015.0294