Promovendus: Mw. Dr. L.J. MacFarlane

Promotor: Prof.Dr. K.G.C. Reid

Duur: 13/9/2013 - 12/9/2016

Promotie: Edinburgh, 28/9/2018

Abstract:

My work provides an intensive study of the historical development of the Scots jus quaesitum tertio, and the first extensive analysis of all Scots material pertaining to the doctrine from the Regiam Majestatem to the present day. I will also analyse the transferred loss doctrine as a functional equivalent of third party rights. The key research questions my work addresses are: What are the requirements of the formation of a third party right in Scots law? Are these requirements satisfactory? What is the theoretical nature of third party rights in Scotland? What are the implications of the answer in Scotland? Is the present situation satisfactory? Is the doctrine of transferred loss sufficiently clear in Scots law? Would a clear transferred loss doctrine be of practical use and, if so, how could the current doctrine be improved? My research focuses primarily on Scots law, but offers comparative study where useful. This includes the assessment of proposed measures of harmonisation of the law of contract, such as the Draft Common Frame of Reference. As I am near-fluent in German, my research includes the study of German-language sources.