Actions For Delivery Flashcards
1
Q
What type of actions for delivery are there?
A
Moveable property and children
2
Q
What is the purpose of a decree for delivery
A
To specify the period for which the party is required to deliver the property / child to the other party
3
Q
What is a decree ad factum praestandum
A
Performance of a specific act
4
Q
What is the consequence of a party not complying with a decree ad factum praestandum?
A
Maximum 6 months imprisonment
5
Q
Does imprisonment extinguish the obligations from the decree
A
No
6
Q
What may the court do after granting warrant for imprisonment
A
Recall the decree and make an order for payment by the respondent
7
Q
What act relates to decree ad factum praestandum
A
Law Reform( Miscellaneous Provisions) ( Scotland) Act 1940
