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

Holligan, Bonnie (2018) Putting fairness first: Grant v Grant and the date at which property is acquired for the purposes of the Family Law (Scotland) Act 1985. Edinburgh Law Review, 22 (3). pp. 411-416. ISSN 1364-9809

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Abstract

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?

Item Type: Article
Keywords: matrimonial property; property law; divorce; accession; Scotland
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Bonnie Holligan
Date Deposited: 27 Nov 2018 11:26
Last Modified: 02 Jul 2019 13:47
URI: http://sro.sussex.ac.uk/id/eprint/80441

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