nineteenth-century borrowing from England; 42 and the de-Anglicisation of the sale of goods legislation to some extent by the removal of ambiguous references to the cond ition/warranty has proposed adoption of a number of the general contract formation rules in the vienniIon dichotomy in the rules on implied terms and buyer's remedies 43 In add ition the Commissi Convention, 44 and has been examining the rules on the interpretation of contracts, penalty clauses and breach of contract with the Unidroit and Lando Principles very much in mind. 45 At least in the domain of contract law, therefore, it is already possible to query the pessimism of Zweigert Kotz when they write: 46 It is an open question whether Scots law will be able in the long run to resist the influence of Common aw and whether in the future the area within which it can develop its own solutions may not become more and more restricted. One must realise that Scots law is not reinforced by codification, as the law f Louisiana is, nor by using a separate language, like the law of Quebec; nor is Scotland in the position of South Africa of being its own legislator, for Scotland must often trim its legal sails to the winds blowing from Westminster Moreover, there is a further new factor in the Scottish legal scene to qualify the last observation in this quotation-a devolved Parliament which from July 1999 will sit in dinburgh with power to legislate in the field of Scots private law. Pleasingly, this is defined in terms reflecting the trad itional divisions of the law into persons, things and actions, as the following areas of the civil law of Scotland (a) the general principles of private law(including private intemational law), he law of persons(including natural persons, legal persons and unincorporated bodies), (c) the law of obligations(includ ing obligations arising from contract, unilateral prom ise, delict, unjustified enrichment and negotiorum gestio ), he law of actions(including jurisdiction, remedies, evidence, procedure, dugence),and 0) the law of property(including herta ble and moveable property, trusts and successio recognition and enforcement of court orders, lim itation of actions and arbitration).47 What can the Parliament do with this power? The attentive reader will have noted the time-lag which often exists between the making of Scottish Law Commission reform proposals and implementing legislation, and that some reports remain unenacted years after their publication. Moreover, scrutiny at Westminster is often cursory in the extreme. Scottish law reform should therefore be quicker, yet more thoroughly examined, in an Edinburgh Parliament. Some limitations on the available possibilities will have to be recognised, at least 42Contract(Scotland)Act 1997, s 1. For the background see Report on Three Bad Rules in Contract Law (Scot Law Com No 152, 1996) 43Sale and Supply of Goods Act 1994. For the background see Report on Sale and Supply of Goods(Scot Law Com No104,1987) 44Report on Formation of Contract: Scottish Law and the United Nations Convention on Contracts for the International Sale of Goods(Scot Law Com No 144, 1993) 45Report on Interpretation in Private Law(Scot Law Com No 160, 1997), Discussion Paper No 103 Penalty Clauses(December 1997): Discussion Paper No 104 Remedies for Breach of Contract(April 1999) 46Zweigert and Kotz, p. 204. The same statement appears in the first and second editions 47Scotland Act 1998, s 126(4) see further ss 28-30nineteenth-century borrowing from England;42 and the de-Anglicisation of the sale of goods legislation to some extent by the removal of ambiguous references to the condition/warranty dichotomy in the rules on implied terms and buyer’s remedies.43 In addition the Commission has proposed adoption of a number of the general contract formation rules in the Vienna Convention,44 and has been examining the rules on the interpretation of contracts, penalty clauses and breach of contract with the Unidroit and Lando Principles very much in mind.45 At least in the domain of contract law, therefore, it is already possible to query the pessimism of Zweigert & Kötz when they write:46 It is an open question whether Scots law will be able in the long run to resist the influence of Common Law and whether in the future the area within which it can develop its own solutions may not become more and more restricted. One must realise that Scots law is not reinforced by codification, as the law of Louisiana is, nor by using a separate language, like the law of Quebec; nor is Scotland in the position of South Africa of being its own legislator, for Scotland must often trim its legal sails to the winds blowing from Westminster. Moreover, there is a further new factor in the Scottish legal scene to qualify the last observation in this quotation - a devolved Parliament which from July 1999 will sit in Edinburgh with power to legislate in the field of Scots private law. Pleasingly, this is defined in terms reflecting the traditional divisions of the law into persons, things and actions, as the following areas of the civil law of Scotland - (a) the general principles of private law (including private international law), (b) the law of persons (including natural persons, legal persons and unincorporated bodies), (c) the law of obligations (including obligations arising from contract, unilateral promise, delict, unjustified enrichment and negotiorum gestio), (d) the law of property (including heritable and moveable property, trusts and succession), and (e) the law of actions (including jurisdiction, remedies, evidence, procedure, diligence, recognition and enforcement of court orders, limitation of actions and arbitration) . . .47 What can the Parliament do with this power? The attentive reader will have noted the time-lag which often exists between the making of Scottish Law Commission reform proposals and implementing legislation, and that some reports remain unenacted years after their publication. Moreover, scrutiny at Westminster is often cursory in the extreme. Scottish law reform should therefore be quicker, yet more thoroughly examined, in an Edinburgh Parliament. Some limitations on the available possibilities will have to be recognised, at least 42Contract (Scotland) Act 1997, s 1. For the background see Report on Three Bad Rules in Contract Law (Scot Law Com No 152, 1996). 43Sale and Supply of Goods Act 1994. For the background see Report on Sale and Supply of Goods (Scot Law Com No 104, 1987). 44Report on Formation of Contract: Scottish Law and the United Nations Convention on Contracts for the International Sale of Goods (Scot Law Com No 144, 1993). 45Report on Interpretation in Private Law (Scot Law Com No 160, 1997); Discussion Paper No 103 Penalty Clauses (December 1997); Discussion Paper No 104 Remedies for Breach of Contract (April 1999). 46Zweigert and Kötz, p. 204. The same statement appears in the first and second editions. 47Scotland Act 1998, s 126(4); see further ss 28-30