73 Discussion of the nature of the tenant`s interest in a tenancy agreement may be unnecessary in the event that, in Clydesdale Bank, the contract was not valid for other reasons. To succeed in the alternative theory, their supporters must still find that a personal rental contract, created by several pro indiviso owners for the benefit of one of their numbers, is a valid contract. If the personal lease known by the Scottish common law had survived to this day, I do not think that the agreement reached between the owners pro-indiviso in the case of Clydesdale Bank could have been such a contract, as it is not possible for a party to be both creditor and debtor in a contract. The logic of this principle is recognized as a general principle of contract law90 In the specific case of leases, the principle is established by a powerful power in cases such as Price/Watson91 and Kildrummy (Jersey) Limited/IRC.92. 9The complainant was one of three pro-indiviso owners of agricultural land. All three entered into a contract that described themselves as a lease agreement, whereby the other two leased the land to the complainant. A month later, all three granted a standard guarantee to the bank on a portion of the property. A few years later, they granted another standard security for the rest of the property. The standard documents were awarded only against loans to the applicant. When the complainant was in late payment, the bank imposed the securities and took legal action against him. The applicant defended the complaint on the basis that he had a protected farm lease. 15 The quickest conclusion of the alternative theory is that the protection of the Agricultural Holdings (Scotland) Act of 1991 is not necessarily a precondition for the exercise of the lease.
Therefore, a contract, as considered by the House of Lords to be a valid employment and administration contract, may be considered a personal tenancy agreement, protected by the 1991 Act. It has always been in mind that a lease is nothing more than a personal right under Scottish law. It was a good faith contract relating to the use of real estate or other persons, as defined by civil law. It was very true that Scottish Law 1449 granted public entities a special privilege for those who held leases of heretian subjects, that they should be protected in possession of their subjects from all persons until the expiry of the contract, if they were in real possession. This was an exception to the general rule and a privilege granted; But it didn`t change the nature of the law. To say that a lease is a real right is very monstrous from a legal point of view. Undoubtedly, it is effective against individual successors, and it goes to the heirs; But this stems from other extrinsic and accidental circumstances that are totally different from the true legal nature of the law. As a personal right, a lease naturally becomes the object of the award; and that the assignment be perfected by insinuation to the owner or author from whom it originates or by the owner`s recognition, provided that he has initially granted the right of transport. Therefore, the transfer of an insinuation lease to the owner is refined in an abstract manner and needs to be refined.