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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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We are an English business about to buy assets from a Scottish

Resolved Question:

We are an English business about to buy assets from a Scottish business as a going concern. We have proposed that the business purchase agreement states that it is governed by English law. The vendor has advised that all such agreements signed in Scotland are automatically governed by Scottish law. Could you please advise. Thanks
Anthony Pilkington
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The system of law which governs the contract is that which the parties agree. It isn't correct to say that if an agreement is signed in Scotland that Scots law applies, if the agreement says otherwise.
The contract can provide for English law if that is what the parties agree.
But don't fall out about it. Both legal systems are so similar in this area of law that you wouldn't notice the difference were one system to be placed against the other.
I hope this helps. Please leave a positive response so that I am credited for my time.
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