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A Practical Guide to the Law of Spousal Guarantees in Scotland

A Practical Guide to the Law of Spousal Guarantees in Scotland

A Practical Guide to the Law of Spousal Guarantees in Scotland

Author: Andrew Foyle
Publisher: Law Brief Publishing
ISBN: 9781913715465
Published In: February 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 699.86

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Description
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The law of Scotland relating to guarantees granted by spouses for their partners’ business debts was radically altered by the House of Lords during the 1990s. In the years which followed, a period of development of the law in this area took place so that the duties of a lender taking security from the spouse of their debtor are now reasonably clear. This is the first major work in Scotland to pull all of this legal development into a single, practical guide.

This work represents a guide to the law in this field, tracking its development and examining its boundaries. It also contrasts the position in England with the development of Scots law and sets out the remaining uncertainties in the law of Scotland and the potential future development, including an examination of the most recent cases decided in Scotland.

It is a work which is suitable as a brief guide for practitioners in both transactional and litigation roles in order to aid understanding in this niche area of law, as well as being a useful primer for banking professionals in commercial lending teams.

Introduction

The law prior to 1997

Developments in England & Wales: The Etridge and O’Brien cases

Smith v. Bank of Scotland: the requirement of good faith

Development of the law post-Smith

The current state of the law

Questions for the future

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