Floating Charges and Trust Property in Scots Law: A Tale of Two Patrimonies?

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Abstract

This article contains a doctrinal analysis of floating charges and trust property in Scots law. It uses the dual patrimony approach of trust law to interpret the floating charge’s creation, attachment and enforcement, and thereby demonstrates that it is not possible under the current law to effectively charge property held by a company in trust. The application of the dual patrimony theory provides a broader foundation for explaining the current legal position and helps to integrate the floating charge into wider Scots law. The article also diagnoses issues that would need to be resolved if the law were to be successfully reformed to enable the charging of trust property. It shows that there are some ways in which the current law could facilitate such reform but that, in other respects, more substantial changes would be required.
Original languageEnglish
Pages (from-to)1-28
Number of pages28
JournalEdinburgh Law Review
Volume22
Issue number1
DOIs
Publication statusPublished - 31 Jan 2018

Keywords

  • floating charges
  • trusts
  • property
  • rights in security
  • insolvency
  • Scots Law
  • law reform

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