PhD student: Mrs C.S. Macdonald-Mulvihill

Promotor: Prof K.G.C. Reid

Duration: 18/9/2019 - 31/12/2022

Abstract:

An examination into the Scots law of donation with a focus on the subject from both an obligations and property viewpoint as two juridical acts. The thesis is categorised by consideration of the interaction between these juridical acts in relation to: the parties to a donation; the subject matter of a donation; the constitution of the donation; the completion or failure of a donation; and presumptions for and against donation. Where important throughout, reference is made to comparative and historical sources to inform the Scots position and highlight anomalies in the law.