Abstract

This paper examines the mixed property law system of Scotland, a distinctive model that harmonizes Civil Law and Common Law traditions, in order to derive valuable insights for the improvement of Vietnam’s property law. By analyzing key components such as the doctrine of real rights, heritable property, security rights, and the institution of trust within Scots law, the study highlights the system’s defining features, including its structural coherence, conceptual clarity, and strong adaptability to evolving socio-economic conditions. It further demonstrates how Scottish law successfully integrates classical Roman law principles with the flexibility of Common Law mechanisms, thereby creating a legal framework that is both stable and responsive to modern developments.

From a comparative legal perspective, the paper proposes several directions for reforming Vietnamese property law. These include redefining the concept and scope of “property” by embracing a dual understanding of property as both “things” and “rights”; developing a clearer and more systematic classification of property; refining the Civil Code to explicitly recognize and structure the doctrine of real rights; and considering the introduction of the trust as a legal institution to enhance flexibility in asset management. Such reforms are expected to strengthen the consistency, transparency, and overall effectiveness of Vietnam’s property law system, particularly in the context of digital transformation and increasing global integration. Ultimately, these recommendations aim to support the modernization and international alignment of Vietnam’s legal framework governing property relations.