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Section 101

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

It shall not be competent for a creditor to bring an action of adjudication for debt F1... to enforce a debt payable under a liquid document of debt unless—

(a)

the debt has been constituted by decree; or

(b)

the debt is a debitum fundi; or

(c)

the document of debt or, if the document is a bill of exchange or a promissory note, a protest of the bill or note, has been registered for execution in the Books of Council and Session or in sheriff court books.

Annotations

Textual amendments

F1

Words in s. 101 repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2