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Prescription and Limitation (Scotland) Act 1973

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This is the original version (as it was originally enacted).

2Notwithstanding anything in the foregoing paragraph, section 6 of this Act does not apply—

(a)to any obligation to recognise or obtemper a decree of court, an arbitration award or an order of a tribunal or authority exercising jurisdiction under any enactment;

(b)to any obligation arising from the issue of a bank note;

(c)to any obligation constituted or evidenced by a probative writ, not being a cautionary obligation nor being an obligation falling within paragraph 1(a) of this Schedule ;

(d)to any obligation under a contract of partnership or of agency, not being an obligation remaining, or becoming, prestable on or after the termination of the relationship between the parties under the contract;

(e)except as provided in paragraph 1(c) of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude);

(f)to any obligation to satisfy any claim to terce, courtesy, legitim, jus relicti or jus relictae, or to any prior right of a surviving spouse under section 8 or 9 of the [1964 c. 41.] Succession (Scotland) Act 1964;

(g)to any obligation to make reparation in respect of personal injuries within the meaning of Part II of this Act or in respect of the death of any person as a result of such injuries;

(h)to any obligation specified in Schedule 3 to this Act as an imprescriptible obligation.

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