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Requirements of Writing (Scotland) Act 1995
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- UK Public General Acts
- 1995 c. 7
- Section 11
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11Abolition of proof by writ or oath, reference to oath and other common law rules
(1)Any rule of law and any enactment whereby the proof of any matter is restricted to proof by writ or by reference to oath shall cease to have effect.
(2)The procedure of proving any matter in any civil proceedings by reference to oath is hereby abolished.
(3)The following rules of law shall cease to have effect—
(a)any rule whereby certain contracts and obligations and any variations of those contracts and obligations, and assignations of incorporeal moveables, are required to be in writing; and
(b)any rule which confers any privilege—
(i)on a document which is holograph or adopted as holograph; or
(ii)on a writ in re mercatoria.
(4)Subsections (1) and (2) above shall not apply in relation to proceedings commenced before the commencement of this Act.
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