Legal Definitions - transference

Definition: Transference is a legal term used in Scots law to describe the act of replacing a deceased person with a representative in a pending legal action. This is similar to the common law's substitution of parties.

Example: If a person dies while a legal case is still ongoing, their representative can be appointed to take their place in the case. For example, if a person was suing someone for damages and they died before the case was resolved, their representative could be appointed to continue the case on their behalf.

Explanation: Transference is a legal process that allows a deceased person's legal case to continue even after their death. This is important because it ensures that justice can still be served and that the deceased person's rights are protected. The example illustrates how transference works in practice and how it can be used to ensure that a legal case is not abandoned due to the death of one of the parties involved.