- 1 What is the meaning of law in Sri Lanka?
- 2 What are the types of law in Sri Lanka?
- 3 What are the special law in Sri Lanka?
- 4 What is Roman-Dutch law in Sri Lanka?
- 5 What is property law in Sri Lanka?
- 6 What are main sources of law?
- 7 What is the supreme law of Sri Lanka?
- 8 What is the residuary law of Sri Lanka?
- 9 What are the courts of Sri Lanka?
- 10 What is Thesawalamai law?
- 11 What are the basic functions of the legal order?
- 12 What is territorial law?
- 13 Why is Roman-Dutch law important?
- 14 What is civil law in Sri Lanka?
- 15 What is Dutch law based on?
What is the meaning of law in Sri Lanka?
Sri Lankan law is based on English common law system. As a result, the English law principles such as judicial precedent (lower courts follow the reasoning of the higher courts in similar, subsequent cases) and ratio decidendi (reasons for judgment) govern the interpretation of the case law.
What are the types of law in Sri Lanka?
Laws of Sri Lanka
- Labour Law or Employees Rights.
- Family Law or Domestic Violence.
- Land Law or Housing Rights.
- Environmental Law.
- Language Rights.
- Human Rights Law.
- Criminal Law.
- Civil Laws.
What are the special law in Sri Lanka?
Today the personal laws in effect in Sri Lanka includes a combination of English common law, Roman-Dutch civil law and customary laws such as Kandyan’ Law, ‘Thesawalamai’ Law and Muslim personal Law. Customary laws are applicable to various communities: the Kandyan Sinhalese, Tamils of Jaffna and Muslims respectively.
What is Roman-Dutch law in Sri Lanka?
In Sri Lanka, there are five systems of private law. The Roman-Dutch law, as. modified by statutes, and interpreted by the courts, is the general law of the land. English common law applies to commercial contracts and commercial property. and has been tacitly accepted in many matters.
What is property law in Sri Lanka?
Sri Lanka’s constitution is non discriminatory on ownership of land, property and/or business ventures. Therefore, both men and women can legally own, transfer, inherit and dispose of land and property and may enter into any economic activity/business or employment as long as it is not illegal or against public policy.
What are main sources of law?
Main sources of law The Nigerian Constitution. Legislation (Ordinances, Acts, laws, decrees, edicts and bye-laws). Judicial precedents.
What is the supreme law of Sri Lanka?
The Supreme Court of Sri Lanka is the highest court for all criminal and civil cases in Sri Lanka. This is followed by the Court of Appeal, High Court, District Courts, Magistrates’ Courts and Primary Court as part of the Sri Lankan judicial system.
What is the residuary law of Sri Lanka?
Yet, the Roman Dutch Law remains the residuary or the common law of Sri Lanka. Needless to say the Common Law has been modified in many directions, both expressly and by necessary implication by our statute law and also by judicial decisions.
What are the courts of Sri Lanka?
Judicial System of Sri Lanka The judicial system comprises the Supreme Court, the Court of Appeal, the High Court, and the district, magistrates’ and primary courts. Appeals from the High Court and lower courts come before the Court of Appeal. The Supreme Court is the final court of appeal.
What is Thesawalamai law?
Thesavalamai is the traditional law of the Sri Lankan Tamil inhabitants Jaffna peninsula, codified by the Dutch during their colonial rule in 1707. The law is personal in nature thus it is applicable mostly for property, inheritance, and marriage. Under this law, not all property could be given away.
What are the basic functions of the legal order?
The law serves many purposes. Four principal ones are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.
What is territorial law?
A Territorial Law is a ‘Lex Loci’ or Law of a particular place and applies to all persons inhabiting territory of a State irrespective of their personal status. Usually it is linked to some territory and it is enforced by the Sovereign of the territory concerned.
Why is Roman-Dutch law important?
Roman-Dutch law, the system of law produced by the fusion of early modern Dutch law, chiefly of Germanic origin, and Roman, or civil, law. It also influenced the legal systems of other countries that had once been Dutch colonies, such as Sri Lanka (formerly Ceylon) and Guyana.
What is civil law in Sri Lanka?
Sri Lanka’s Judiciary is a legal system which is a combination of English common law, Roman-Dutch civil law and Customary Law. Statutes enacted by Parliament form the primary source of law. Judicial precedents, statutes enacted by Provincial Councils and customs and usage also constitute the law of the land.
What is Dutch law based on?
The Dutch system of law is based on the French Civil Code with influences from Roman Law and traditional Dutch customary law. The new civil law books (which went into force in 1992) were heavily influenced by the German Bürgerliches Gesetzbuch.