If the transferee in a voluntary transfer is an unincorporated association, which there is no definition in Scots law but is generally interpreted as "a group of persons bound together by agreement for a particular purpose.
[6] However children are still granted a range of exceptions under section 2 of the Age of Legal Capacity (Scotland) Act 1991 including: Any other transaction a child enters into is void, this means that contract is void ab initio (Latin: from the beginning) from the moment the child enters into the contract.
[15] A prejudicial transaction is that:"(a)an adult, exercising reasonable prudence, would not have entered into in the circumstances of the applicant at the time of entering into the transaction, and (b) has caused or is likely to cause substantial prejudice to the applicant"[16]An example of an application can be seen in X v British Broadcasting Corporation, where the applicant was successful in obtaining an interim interdict (in other jurisdiction this is termed an interim injunction) based on her "real prospect of success" in her action against the BBC that, among other things, that the agreement she had reached with the BBC to participate in a courtroom-documentary was a prejudicial transaction because she had been 17 at the time she had consented (transacted) while suffering from dyslexia, substance abuse and did not consult a solicitor prior to entering into the agreement to participate.
[19] The test for capacity is found in Section 1(6) of the 2000 Act: "Section 1(6) of the Adults With Incapacity (Scotland) Act 2000: "adult” means a person who has attained the age of 16 years; “incapable” means incapable of— (a) acting; or (b) making decisions; or (c) communicating decisions; or (d) understanding decisions; or (e) retaining the memory of decisions, as mentioned in any provision of this Act, by reason of mental disorder or of inability to communicate because of physical disability; but a person shall not fall within this definition by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise);
[21] Under the In its place, a person can act for another individual by means of three legal routes: [Section in Edit] [Section in Edit] [Section in Edit] Rights Capacity Organisations and associations must have the rights capacity to own property in their own right in order to act as a transferor (the person transferring ownership) or transferee (the person receiving ownership) in a voluntary transfer of land.
Companies and partnerships, and other corporate bodies will usually have rights capacity based on the statute enabling their creation.
[23] If the transferee in a voluntary transfer is an unincorporated association, which there is no definition in Scots law but is generally interpreted as "a group of persons bound together by agreement for a particular purpose.