“Traditio Incertae Personae – an alternative to ‘abandoned’ property?”

This work in progress session aims to explore whether it is possible to reconcile the legal position in Scotland that takers of so-called “abandoned” corporeal moveable property cannot acquire ownership of it due to the principle of quod nullius est fit domini regis by reframing the property taken as a presumed gift by the leaver through “traditio incertae personae” (transfer to an uncertain person).

Speaker

Susanna Macdonald-Mulvihill, Early Career Fellow in Private Law, University of Edinburgh.

This event is organised by Edinburgh Centre for Private Law.