Read e-book online Family Law and Customary Law in Asia: A Contemporary Legal PDF

By David C. Buxbaum (auth.), David C. Buxbaum (eds.)

ISBN-10: 9401757941

ISBN-13: 9789401757942

ISBN-10: 9401762163

ISBN-13: 9789401762168

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Murdock, Social Structure (New York, 1960) at p. 30. Of the societies sampled in this book, 193 were characterized by polygyny, only 43 by monogamy and 2 by polyandry. " 8 See Buxbaum, David, infra. 4 W. Friedmann, op. , p. 182 in discussing the techniques that have permitted an expansion of divorce in the West notes: "The second, probably the most important and certainly the most ominous, technique is acceptance of the practice of faked evidence. The result, that parties sufficiently wealthy to afford the cost of litigation, and of the various agreements outside and inside the court, which are necessary for the procedure to be brought to a successful conclusion, can, in effect, obtain divorce by consent, discredits the law.

Of the native population were left untouched. These and other religious problems were too complicated and subtle to be handled by a foreign government, while at the same time they were of very little relevance to the colonial political and econ01nic interests. In order to understand the cul-de-sacs to which the doctrine of adat law can lead, it is very instructive to analyze the Indonesian case further in the contexts of the ideals of an independent modern Indonesia. First of all the acceptance of the doctrine of customary law tends to split Indonesia up into various customary law areas, since customary law, despite van Vollenhoven's discovery of its basic unity, is in fact nothing other than the norms of social behaviour of small, isolated communities.

For example, where the civil code had a fixed rule contrary to commercial custom regarding the payment of interest on current accounts of reciprocal debits and credits, the courts held the code inapplicable to current accounts, in accordance with commercial custom. XXXVIII INTRODUCTION that of the people. 1 Similarly the legal institutions have not been suitable places to administer customary law. The rules of procedure, form of trial and method of inquisition were generally hostile to the development of customary law or to the conciliatory procedures commonly associated with traditional litigation.

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Family Law and Customary Law in Asia: A Contemporary Legal Perspective by David C. Buxbaum (auth.), David C. Buxbaum (eds.)

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