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Putting fairness first: Grant v Grant and the date at which property is acquired for the purposes of the Family Law (Scotland) Act 1985

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posted on 2023-06-09, 16:01 authored by Bonnie HolliganBonnie Holligan
What role does property doctrine play in defining the scope of “matrimonial property” for the purposes of financial provision on divorce in Scots law? In Grant v Grant, the Sheriff Appeal Court held that the date at which an asset was acquired can be the date of construction of family house, rather than the date of acquisition of the land on which it stands. Does the statutory context justify departure from the long-established doctrine that the legal status of an accessory follows that of the principal? If the usual rules of property law do not apply, on what basis are decisions about the scope of “matrimonial property” to be made? Is fairness between the parties the only principle that matters?

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Edinburgh Law Review

ISSN

1364-9809

Publisher

Edinburgh University Press

Issue

3

Volume

22

Page range

411-416

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-11-27

First Open Access (FOA) Date

2018-11-27

First Compliant Deposit (FCD) Date

2018-11-26

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