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A thesis on customary law of Buddhist marriages in British Burma

Thein, Maung; (1940) A thesis on customary law of Buddhist marriages in British Burma. Doctoral thesis (Ph.D), UCL (University College London). Green open access

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Abstract

Under section 13 of the Burma Laws Act ( XIII of 1898 ), the Courts in British Burma must apply the Buddhist Customary Law to certain specified matters including Marriages where the parties to any suitor proceeding are Buddhists, except in so far as such l aw has by enactment been altered or abolished, or is opposed to any custom having the force of law. Marriage la s are contained in the Dhammathats which are not statutes. They prob bly stated what the la s were when they were compiled or hat t hey should have been in the view of the authors. In the Burmese Courts, the Judges consulted them or some of them, but did not regard their dicta as binding. The task of the Courts in British Burma has been and still is to deduce from the ad hoc decisions compiled in the Dhammathats, general principles of the Customary Law in accordance with modern habits and customs of the Buddhists. Only in t hese Courts is an attempt made to balance one against another and to accept the result as a rule of decision. The writer has pointed out errors in decisions arising from inaccurate English translations of the Dhammathats. The Introductory Chapter contains a brief study of Burma, and the Burmese as a nation. The subject is divided into Chapters on nature of Customary Law, Tests of customary Law, Proof of Custom and Usage, Extent of Application of Burmese Customary Law , Dhammathats, Matrimonial Courts, Burmese Buddhist Marriage, Marriage, Consent of Parents and Guardians, Consummations of Marriage, Proof of Marriage, Wives , Restitution of Conjugal Rights, Marriage with Foreigners, Maintenance, Effect of Marriage on Property, Divorce, Partition on Divorce, and Effect of Divorce on Children. As the title plainly suggests, the thesis deals only with the Customary Law as administered by the Courts established after the British annexation of Burma.

Type: Thesis (Doctoral)
Qualification: Ph.D
Title: A thesis on customary law of Buddhist marriages in British Burma
Open access status: An open access version is available from UCL Discovery
Language: English
Additional information: Thesis digitised by EThOS.
URI: https://discovery.ucl.ac.uk/id/eprint/10041866
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