Civil Law Studies: An Indian Perspective

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The glacier of Ancient Vedic wisdom flowed down the Himalayan Kailash and watered the Hindu philosophy. The Shrutis (that which was heard) and the Smritis (that which was remembered) reflected this Vedic wisdom. Thinkers and philosophers of the time expressed their thoughts in prosaic Dharmasutras and later on in more refined poetic Dharmashastras. The Smritkars followed with their own interpretation, symbolically represented by the Code of Manu. That jurisprudence was responsible for taking the country through ...

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Overview

The glacier of Ancient Vedic wisdom flowed down the Himalayan Kailash and watered the Hindu philosophy. The Shrutis (that which was heard) and the Smritis (that which was remembered) reflected this Vedic wisdom. Thinkers and philosophers of the time expressed their thoughts in prosaic Dharmasutras and later on in more refined poetic Dharmashastras. The Smritkars followed with their own interpretation, symbolically represented by the Code of Manu. That jurisprudence was responsible for taking the country through the Golden pages of its history. With the British dominance, India was plunged in Common Law Jurisprudence, interwoven with Hindu Philosophy. The Midnight country awoke in 1947 to an Independent democratic set up, and in 1950 was wedded to the Indian Constitutional philosophy, laid with the bricks of Common Law. With the establishment of the Supreme Court of India, the apex judicial institution in an interpretative mood carved a unique niche for Anglo- Indian Jurisprudence , amidst the Legal Systems of the World. In the twenty first century, India is on a launch pad as a new political and economical superpower. At this stage there is a need for India to familiarize with the Civil Law System, that has grip on the other half of the commercial world. Tiny pockets in Western and in Eastern India , as parts of erstwhile Portuguese or French colonial possessions had earlier experienced the Continental Jurisprudence. These pockets have the unique distinction of having run both the Common and Civil Law Systems and even simultaneously during the transition period . This experience can be a contribution to the globalizing world . Hence it is necessary to foster the study of Civil Law in India , not only from its historical past but also from its future prospects in world market. In Civil Law Studies: An Indian Prospective, about two dozen scholars from the Law faculties of the Universities of India, Lisbon and Coimbra have collaborated to visualize the role for Civil Law Studies in the subcontinent . They have explored the different branches of law for comparative research such as constitutional, civil, commercial, criminal, etc. The book is intended to be a thought provoking exercise which will strengthen the Study and Research of Civil Law in India. The suggestions are meant to empower legal educators, law students , the bar and the bench in India.

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Product Details

  • ISBN-13: 9781443805988
  • Publisher: Cambridge Scholars Publishing
  • Publication date: 6/1/2009
  • Pages: 335
  • Product dimensions: 6.47 (w) x 8.48 (h) x 1.07 (d)

Meet the Author

Dr. Anthony D'Souza and Dr. Carmo D'Souza have obtained their doctorates (Ph. D. in Law) from the University of Poona. They are both Honorary Directors of Ismilda Research Consultancy.

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Table of Contents

Foreword Prof. (Dr.) Neelakanta Ramakrishna Madhava Menon ix

Acknowledgements xiii

Part I Civil Law

Civil Law Studies: An Indian Perspective Carmo D'Souza 2

Civil Law Codes: Presumptions and Pretensions Marian Pinheiro 11

The Civil Law and Common Law Traditions: An Appraisal Kim Couto 15

Part II Law in a Globalizing World

The European Constitution and National Constitutions-A Complementary Relationship Fausto de Quadros 24

International Harmonization and Unification of Private Law in a Globalized Economy Dário Moura Vicente 37

Globalization: The Need for Approximation and Better Knowledge of Legal Systems Manuel Porto 58

Putting Sustainable Development into Practice in Europe: The Right to the Environment and the Role of Scientific Instruments Alexandra Aragão 81

The International Criminal Court: The Zeitgeist Ojasvita Srivastava 90

The Charter of Fundamental Rights-A Perspective Babugouda Shivanagouda Patil Jatin Naik 104

Part III Criminal Law

The Criminal Justice System: A Cornerstone of Good Governance Vishwanath Maraiah Shurpali Shruti Arvind 116

Necessity as a Defense under Penal Codes: A Comparative Analysis Shaber Ali Gandaman 136

Revision of the Portuguese Code of Criminal Procedure Paulo de Sousa Mendes 150

Part IV Contracts

Standard Forms of Contract in German and Common Law Sairam Bhat 158

The Formation of Contracts: A Comparison between the Indian Contract Act of 1872 and the Portuguese Civil Code of 1966 Luís Manuel Teles de Menezes Leitão 171

Part V Family Laws

Law Relating to Marriage in India Ranjana Ferrao 180

Divorce: Comparative Analysis of the Family Laws ofGoa and Hindu and Muslim Family Law Mrunmayi Mukund Vaidya 194

Indirect Callings under the Civil Codes of 1867 and 1966 Jorge Duarte Pinheiro 210

Part VI Judicial Culture

Self-Regulation Obligations of an Autonomous Profession Chidananda Reddy Sannabasana Gouda Patil 222

Part VII History

The Proclamation of the Portuguese Constitution and its Effect on the Estado Da India Portuguesa Maria de Lourdes Bravo da Costa Rodrigues 234

Colonial Administration in Goa (1836-1961): The Governor-General Maria Pia de Menezes Rodrigues 250

Goan Communidades-Rural Social Welfare Institutions Remy Dias 269

Appendices

Appendix I Civil Law Studies: A Report of the 2008 Lecture Series 291

Appendix II A Comparative Study of the Portuguese Constitution and the Indian Constitution Carmo D'Souza 293

List of Contributors 307

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