Reino Unido - Escócia: General contract terms United Kingdom Report: Scottish appendix
| Autor | W.C.H. Ervine |
| Cargo | Faculty of Law, Dundee University, Scotland |
| Páginas | 34-39 |
RPDC, Dezembro de 2013, n.º 76
34
RPDC
Revista Portuguesa
de Direito do Consumo
REINO UNIDO - ESCÓCIA
GENERAL CONTRACT TERMS
UNITED KINGDOM REPORT: SCOTTISH APPENDIX
W.C.H. ERVINE
Faculty of Law
Dundee University - Scotland
Before discussing the substantive issues it may be helpful to explain why this appendix
to the main United Kingdom report has been included. Although the United Kingdom is
a unitary state in a political sense it has. three legal systems, those of England and Wales.
Northern Ireland and Scotland.
That of Scotland is distinct from the other two belonging to a small group of ‘mixed’
systems found, for example, in South Africa, Quebec, Israel and Sri Lanka which have
rules and concepts modelled or, Romanistic and English law. It must be said that almost
three centuries of political union with England and the fact that the Scottish legal system
is probably unique in not having its own separate legislature have tended to erode the
differences between English and Scottish law. Indeed, much modern legislation, of which
that on unfair contract terms is an example. tends to apply to all of the United Kingdom.
The common law approach
As in England and Wales the techniques most commonly used by the judiciary to
control unfair terms related to the incorporation of the relevant term and its construction.
With regard to incorporation of terms the approach of the Scottish courts has been very
similar to that of English courts and Scottish courts often refer to English decisions while
some of the cases relied on most often in England are actually appeals from Scotland to
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