Business Law and Sri Lankan Legal System

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What legal tradition was applied in Sri Lanka during gaps in existing laws?

English law (correct)

Italian law

Roman Dutch law

French law

Which system of law was introduced in Sri Lanka after the Dutch took over?

Roman Dutch law (correct)

Common law

Civil law

German law

What is one of the primary areas where Roman Dutch law is applicable in Sri Lanka?

Immovable property (correct)

Intellectual property

Criminal offenses

Trademarks

Which era saw the application of Roman Dutch law as the common law throughout Sri Lanka?

British Era Signup and view all the answers

What legal system does Sri Lanka's courts primarily model their structure on?

English legal system Signup and view all the answers

What type of legal separation does Roman Dutch law in Sri Lanka not recognize as a divorce?

Legal separation Signup and view all the answers

During which years did the transition of law from Roman Dutch law to influence by English law occur?

1796 to 1948 Signup and view all the answers

In what circumstance does Roman Dutch law apply regarding custody of a child?

Custody disputes between parties Signup and view all the answers

What is the primary function of law in society?

To govern human action and establish consequences Signup and view all the answers

Which era is associated with the introduction of laws in Sri Lanka?

Dutch Era Signup and view all the answers

What is the consequence of breaking a law in a society?

Facing legal responsibility Signup and view all the answers

What is suggested as the foundation of law?

Custom and tradition Signup and view all the answers

According to the content, what dictates how people should behave?

Law Signup and view all the answers

Which of the following is a characteristic of law?

Mandatory and enforceable Signup and view all the answers

During which period were ancient legal systems recognized in Sri Lanka?

Portuguese Era Signup and view all the answers

Which statement about laws is NOT true?

Laws are only for governing behavior Signup and view all the answers

Which of the following does the Companies Act No. 07 of 2007 primarily address?

Business entity regulation Signup and view all the answers

What is the primary focus of Thesawalamai Law?

Personal law of Tamil inhabitants Signup and view all the answers

In Thesawalamai Law, which of the following is not an area it governs?

Criminal offenses Signup and view all the answers

Which of the following areas is governed by Muslim law?

Marriage Signup and view all the answers

How does the Code of Civil Procedure relate to legal proceedings?

It outlines the procedures for civil lawsuits. Signup and view all the answers

Which statement best describes the application of Muslim law?

It is applicable to all Muslims as a personal law. Signup and view all the answers

What aspect of property does the Thesawalamai Law specifically cover?

Inheritance of movable and immovable property Signup and view all the answers

What does the Sale of Goods Ordinance regulate?

Sales and purchases of goods Signup and view all the answers

What is the primary source of law in the context of Kandyan Law?

Legislation enacted by Parliament Signup and view all the answers

Which of the following is NOT a requirement for a valid custom?

Approval from a legislative body Signup and view all the answers

What characterizes judicial precedent as a source of law?

It relies on past decisions for future case guidance. Signup and view all the answers

Which statement best describes the relationship between customs and legality?

Valid customs must adhere to community morals. Signup and view all the answers

In the context of Kandyan law, which group is primarily subject to its regulations?

Sinhalese individuals from the former Kandyan provinces Signup and view all the answers

What contributes to the validity of a custom?

Community awareness and acceptance Signup and view all the answers

What is a characteristic of legislation as a source of law?

It consists of legal rules declared by authorities. Signup and view all the answers

Which of the following best explains a custom’s requirement for rationality?

It should be based on logical reasoning. Signup and view all the answers

Study Notes

Business Law

Business Law governs human action.
Law establishes rules that individuals must follow within a society.
When someone breaks the law, they are held accountable.
Law dictates acceptable behaviour
Customs form the foundation of legal systems.
Sri Lankan law is a combination of various legal systems.

Development of Sri Lankan Law

Sri Lanka’s legal system is influenced by historical periods, including:
- Portuguese Era
- Dutch Era
- British Era

Portuguese Era

Accepted ancient legal systems

Dutch Era

Introduced laws

British Era

Existing laws continued to be applied
English law was used when gaps in the law existed.

Legal System of Sri Lanka

Sri Lanka’s legal system is a fusion of different laws.
Sri Lanka’s legal system incorporates a blend of Roman Dutch law and English law.

Roman Dutch Law

Roman Dutch law was introduced after the Dutch took control of Sri Lanka.
During the British Era, Roman Dutch law became the common law used in Sri Lanka.
Roman Dutch law governs various aspects of legal matters in Sri Lanka, including:
- Immovable property
- Agreements between parties
- Child custody
- Negligence
- Legal separation
- Maintenance of elderly parents

English Law

Roman Dutch law is considered the general law of Sri Lanka.
English law has significantly influenced Sri Lankan legal systems.
The courts in Sri Lanka follow the English court system model.
Key English law enactments include:
- Penal Code
- Code of Criminal Procedure
- Code of Civil Procedure

Applying English Law

English law is applied in various areas, including:
- Companies Act No. 07 of 2007
- Sale of Goods Ordinance
- Partnership Ordinance
- Tender notes and bills of exchange
- Insurance
- Banking
- International trade and transport

Muslim Law

Muslim law operates as personal law for Muslims in Sri Lanka.
- Marriage
- Divorce
- Death
- Custody
- Infants

Thesawalamai Law

The Thesawalamai Law is the personal law of the Tamil population in the Northern Province.
It applies to Tamils regardless of their location and to their moveable and immovable property within Sri Lanka.
The Thesawalamai Law is based on the customs of the Malabar inhabitants of the Jaffna Province.

Applying Thesavalamai Law

The Thesavalamai Law covers a wide range of legal matters, including:
- Adoption
- Inheritance
- Plantation land costs
- Gifts
- Mortgages
- Lending money
- Marriage

Kandyan Law

Kandyan law is customary law stemming from the Kingdom of Kandy, which applies to Sinhalese people originating from the former Kandyan Kingdom provinces.
This law is based on:
- Legal status
- Legislations
- Case law
- Opinions of legal experts.

Sources of Law

Sources of Sri Lankan law include:
- Customs
- Legislation
- Case law

Legislation

Legislation is the primary source of law.
Laws are created by competent authorities.
Parliament’s enactments form the primary source of law.

Case Law / Judicial Precedent

Judicial precedent is a source of law that uses past decisions to guide judges in future cases.

Customs

A valid custom must be observed continuously for a long period of time without interruption.

Essential Requirements of a Valid Custom

A custom must be:
- Long-standing
- Continuously practiced
- Openly practiced
- Accepted by the community
- Reasonable and rational
- Not immoral or against public policy

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the fundamentals of Business Law and its application within the Sri Lankan legal framework. It covers the historical influences on Sri Lankan law, including the Portuguese, Dutch, and British eras, as well as the blending of Roman Dutch and English law. Test your knowledge on how these elements shape the legal landscape of Sri Lanka.