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Commentary: Rafique v Amin
Rafique v Amin is one of the few reported cases to address the use and management of property that is owned in common. While not an obviously gendered dispute, it nevertheless involves a number of issues fundamental to feminist theory, in particular, notions of identity and autonomy and the role of property rules in mediating between individual and collective interests. In Scots law, property owned by multiple individuals is often held as common property. This is similar to the English concept of the equitable tenancy in common, in that each owner is treated as having a distinct and separable share in an undivided whole. Debate in Rafique occurs within the context of an antipathy towards the very idea of common property that is embedded within Scots legal doctrine.
History
Publication status
- Published
File Version
- Accepted version
Publisher
Hart Publishing (Bloomsbury)External DOI
Page range
234-237Pages
472.0Book title
Scottish Feminist Judgments (Re)Creating Law from the Outside InPlace of publication
OxfordISBN
9781509923267Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2020-02-05First Compliant Deposit (FCD) Date
2020-02-04Usage metrics
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