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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.
