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Udal Law



 
 
Udal law is a near-defunct Norse
Norsemen

Norsemen is used to refer to the group of people as a whole who speak one of the North Germanic languages as their native language. The meaning of Norseman was "people from the North" and was applied primarily to Nordic people originating from southern and central Scandinavia....
 derived legal system, which is found in Shetland and Orkney, Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
 and in Manx law
Manx law

The legal system on the Isle of Man is Manx customary law, a form of common law. Manx law originally derived from Gaels Brehon law and Norsemen Udal law....
  at the Isle of Man
Isle of Man

The Isle of Man , or Mann , is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles....
. It is closely related to Odelsrett
Odelsrett

The Odelsrett is an ancient Scandinavian allodial title which has survived in Norway as odelsrett and existed until recent times in Sweden as b?rdsr?tt....
.

Udal law was codified by the kings Magnus I of Norway
Magnus I of Norway

Magnus I was the King of Norway from 1035 to 1047 and the King of Denmark from 1042 to 1047. He was the illegitimate son of King Olaf II of Norway, also known as Saint Olaf, by his concubine Alvhild....
 "the good" and Magnus VI of Norway
Magnus VI of Norway

Magnus Lagab?te or Magnus H?konsson , was king of Norway from 1263 until 1280....
 "lawmender". The Treaty of Perth
Treaty of Perth

The Treaty of Perth, 1266, ended military conflict between Norway under Magnus VI of Norway and Scotland under Alexander III of Scotland over the sovereignty of the Hebrides and the Isle of Man....
 transferred the Outer Hebrides
Outer Hebrides

The Outer Hebrides, comprise an Archipelago off the west coast of Scotland. The local government area is one of the 32 unitary council areas of Scotland....
 and Isle of Man to Scots law
Scots law

Scots law is a unique Legal systems of the world with an ancient basis in Roman law. Grounded in Codification Civil law dating back to the Corpus Juris Civilis, it also features elements of common law with Legal institutions of Scotland in the High Middle Ages sources....
 while Norse law and rule still applied for Shetland and Orkney.

Scottish Courts have intermittently acknowledged the supremacy of Udal law in property cases up to the present day.






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Udal law is a near-defunct Norse
Norsemen

Norsemen is used to refer to the group of people as a whole who speak one of the North Germanic languages as their native language. The meaning of Norseman was "people from the North" and was applied primarily to Nordic people originating from southern and central Scandinavia....
 derived legal system, which is found in Shetland and Orkney, Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
 and in Manx law
Manx law

The legal system on the Isle of Man is Manx customary law, a form of common law. Manx law originally derived from Gaels Brehon law and Norsemen Udal law....
  at the Isle of Man
Isle of Man

The Isle of Man , or Mann , is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles....
. It is closely related to Odelsrett
Odelsrett

The Odelsrett is an ancient Scandinavian allodial title which has survived in Norway as odelsrett and existed until recent times in Sweden as b?rdsr?tt....
.

Udal law was codified by the kings Magnus I of Norway
Magnus I of Norway

Magnus I was the King of Norway from 1035 to 1047 and the King of Denmark from 1042 to 1047. He was the illegitimate son of King Olaf II of Norway, also known as Saint Olaf, by his concubine Alvhild....
 "the good" and Magnus VI of Norway
Magnus VI of Norway

Magnus Lagab?te or Magnus H?konsson , was king of Norway from 1263 until 1280....
 "lawmender". The Treaty of Perth
Treaty of Perth

The Treaty of Perth, 1266, ended military conflict between Norway under Magnus VI of Norway and Scotland under Alexander III of Scotland over the sovereignty of the Hebrides and the Isle of Man....
 transferred the Outer Hebrides
Outer Hebrides

The Outer Hebrides, comprise an Archipelago off the west coast of Scotland. The local government area is one of the 32 unitary council areas of Scotland....
 and Isle of Man to Scots law
Scots law

Scots law is a unique Legal systems of the world with an ancient basis in Roman law. Grounded in Codification Civil law dating back to the Corpus Juris Civilis, it also features elements of common law with Legal institutions of Scotland in the High Middle Ages sources....
 while Norse law and rule still applied for Shetland and Orkney.

Scottish Courts have intermittently acknowledged the supremacy of Udal law in property cases up to the present day. Major differences from Scots law
Scots law

Scots law is a unique Legal systems of the world with an ancient basis in Roman law. Grounded in Codification Civil law dating back to the Corpus Juris Civilis, it also features elements of common law with Legal institutions of Scotland in the High Middle Ages sources....
 include shore
Shore

A shore or shoreline is the fringe of land at the edge of a large body of water, such as an ocean, sea, or lake.Shores are influenced by the topography of the surrounding landscape, as well as by water induced erosion, such as ocean surface wave....
 ownership
Ownership

Ownership is the state or fact of exclusive rights and control over property, which may be an personal property, land ownership, or some other kind of property ....
 rights, important for pipeline
Pipeline transport

Pipeline transport is the transportation of goods through a Pipe . Most commonly, liquid and gases are sent, but pneumatic tubes that transport solid capsules using compressed air have also been used....
s and cable
Cable

A cable is a large fiber or metal rope, used for hauling, lifting, or towing, or an assembly of two or more insulated electrical conductors, laid up together as an assembly....
s.

Udal law generally holds sway in Shetland and Orkney, along with Scots law
Scots law

Scots law is a unique Legal systems of the world with an ancient basis in Roman law. Grounded in Codification Civil law dating back to the Corpus Juris Civilis, it also features elements of common law with Legal institutions of Scotland in the High Middle Ages sources....
.

See also

  • Norn language
    Norn language

    Norn is an extinct North Germanic language that was spoken on Shetland and Orkney, off the north coast of mainland Scotland, and in Caithness. After the islands were pledge to Scotland by Norway in the 15th century, it was gradually replaced by Scots language....
  • Allodial title
    Allodial title

    Allodial title is a concept in some systems of property law. It describes a situation where real property is owned free and clear of any encumbrances, including liens, mortgages and tax obligations....
  • Ancient Norwegian property laws
    Ancient Norwegian property laws

    Two Norway property laws, so ancient that the time of their enactment is lost, govern Norwegian property. These are the ?setesrett , and the Odelsrett ....
  • Odal (rune)


External links

  • Retrieved from Internet Archive
    Internet Archive

    The Internet Archive is a nonprofit organization dedicated to building and maintaining a free and openly accessible online digital library, including an archive site of the World Wide Web....
     on 10 February 2006.


Further reading

  • Drever, W.P. Udal Law in the Orkneys and Zetland