PART 6

MISCELLANEOUS

Discharge of certain rights and extinction of certain obligations and payments

Extinction of superior’s rights and obligations qua superior
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1
Subject to section 13, to Part 4, and to section 60(1), of this Act, a right or obligation which, immediately before the appointed day, is enforceable by, or as the case may be against, a superior qua superior shall, on that day, be extinguished.
2
Subject to subsection (3) below—
a
on or after the appointed day, no proceedings for such enforcement shall be commenced;
b
any proceedings already commenced for such enforcement shall be deemed to have been abandoned on that day and may, without further process and without any requirement that full judicial expenses shall have been paid by the pursuer, be dismissed accordingly; and
c
any decree, or interlocutor, already pronounced in proceedings for such enforcement shall be deemed to have been reduced, or as the case may be recalled, on that day.
3
Subsection (2) above shall not affect any proceedings, decree or interlocutor in relation to—
a
a right of irritancy held by a superior; or
b
a right to recover damages or to the payment of money.