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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
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?
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- Published
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- Accepted version
Journal
Edinburgh Law ReviewISSN
1364-9809Publisher
Edinburgh University PressExternal DOI
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3Volume
22Page range
411-416Department affiliated with
- Law Publications
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- Yes
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- Yes
Legacy Posted Date
2018-11-27First Open Access (FOA) Date
2018-11-27First Compliant Deposit (FCD) Date
2018-11-26Usage metrics
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