Podcast
Questions and Answers
What legal tradition was applied in Sri Lanka during gaps in existing laws?
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?
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?
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?
Which era saw the application of Roman Dutch law as the common law throughout Sri Lanka?
What legal system does Sri Lanka's courts primarily model their structure on?
What legal system does Sri Lanka's courts primarily model their structure on?
What type of legal separation does Roman Dutch law in Sri Lanka not recognize as a divorce?
What type of legal separation does Roman Dutch law in Sri Lanka not recognize as a divorce?
During which years did the transition of law from Roman Dutch law to influence by English law occur?
During which years did the transition of law from Roman Dutch law to influence by English law occur?
In what circumstance does Roman Dutch law apply regarding custody of a child?
In what circumstance does Roman Dutch law apply regarding custody of a child?
What is the primary function of law in society?
What is the primary function of law in society?
Which era is associated with the introduction of laws in Sri Lanka?
Which era is associated with the introduction of laws in Sri Lanka?
What is the consequence of breaking a law in a society?
What is the consequence of breaking a law in a society?
What is suggested as the foundation of law?
What is suggested as the foundation of law?
According to the content, what dictates how people should behave?
According to the content, what dictates how people should behave?
Which of the following is a characteristic of law?
Which of the following is a characteristic of law?
During which period were ancient legal systems recognized in Sri Lanka?
During which period were ancient legal systems recognized in Sri Lanka?
Which statement about laws is NOT true?
Which statement about laws is NOT true?
Which of the following does the Companies Act No. 07 of 2007 primarily address?
Which of the following does the Companies Act No. 07 of 2007 primarily address?
What is the primary focus of Thesawalamai Law?
What is the primary focus of Thesawalamai Law?
In Thesawalamai Law, which of the following is not an area it governs?
In Thesawalamai Law, which of the following is not an area it governs?
Which of the following areas is governed by Muslim law?
Which of the following areas is governed by Muslim law?
How does the Code of Civil Procedure relate to legal proceedings?
How does the Code of Civil Procedure relate to legal proceedings?
Which statement best describes the application of Muslim law?
Which statement best describes the application of Muslim law?
What aspect of property does the Thesawalamai Law specifically cover?
What aspect of property does the Thesawalamai Law specifically cover?
What does the Sale of Goods Ordinance regulate?
What does the Sale of Goods Ordinance regulate?
What is the primary source of law in the context of Kandyan Law?
What is the primary source of law in the context of Kandyan Law?
Which of the following is NOT a requirement for a valid custom?
Which of the following is NOT a requirement for a valid custom?
What characterizes judicial precedent as a source of law?
What characterizes judicial precedent as a source of law?
Which statement best describes the relationship between customs and legality?
Which statement best describes the relationship between customs and legality?
In the context of Kandyan law, which group is primarily subject to its regulations?
In the context of Kandyan law, which group is primarily subject to its regulations?
What contributes to the validity of a custom?
What contributes to the validity of a custom?
What is a characteristic of legislation as a source of law?
What is a characteristic of legislation as a source of law?
Which of the following best explains a custom’s requirement for rationality?
Which of the following best explains a custom’s requirement for rationality?
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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
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