बहस

May 24, 2008 — Law Nepal

[This page is dedicated to Dr. Yubaraj Sangroula for his initiation. The page shall discuss as an open online forum, the possibility of evolving a system of law that might help our economic transformation future. China in the north with trade potential operates with Civil Law system and India in the south with big trade with Nepal the common law system. Should we stick on one system of law if we look our prospect a reality in future. It would be a great service for nation if some of you can think of doing research and suggest what the nation should do in this regard. Dr. Sangroula will post a 'introductory' article to escalate the debate. May 23, 3008]

4 Comments »

4 Responses to “बहस”

  1. Rudra Sharma Says:
    May 27, 2008 at 9:30 pm

    I have done my LL.M dissertation on ” Legal Regime on Trade Facilitation between India and China vis-a-vis Nepal” 2007, Nepal Law campus. I have collected materials on this for the last five years and also doing research now on the same line at McGeorge School of Law, California. I will be happy to share and debate on this topic.

  2. sushil Says:
    June 5, 2008 at 6:34 am

    this is good for nepal

  3. sushil Says:
    June 5, 2008 at 6:36 am

    because nepal suffring from economic latency

  4. Santosh Giri Says:
    June 9, 2008 at 4:38 pm

    DEVELOPMENT OF E-JUDICIARY AND OUR LEGAL SYSTEM

    There is no doubt, a need of a developed and sustainable legal system for us. Current trend has shown a possibility of a global standard legal system through implementation of e-judiciary and initiation of development thereof. Online case tracking, case status notification through email and SMS are no doubt the basics of a complete e-judiciary that shall save both time and energy for us in future.

    So should we reinforce our legal system based on:

    (1) Civil Law System [Janga Bahadur's Civil Code-influenced by Nepolean code and his European Visit]?

    (2) Common Law System [Laws, precedents, common law practice influenced by the Indian Judicial development and the after affect of the British Rule in India]?

    (3) Mixed Legal System [As we have academically claimed]?

    A complete overview on types of legal systems can be found at

    http://en.wikipedia.org/wiki/Legal_systems_of_the_world . Unfortunately it labels Nepal as a Common Law Country.

    LEADING ARTICLES FROM RENOWNED UNIVERSITIES AND RESEARCHERS AROUND THE GLOBE:

    More writings can be found regarding Mixed legal System at:

    http://www.mcgill.ca/maritimelaw/mixedlegalsystems/

    1) Mixed Jurisdictions, Language, Legislatures and Courts [.pdf]
    (2003) 78 Tul. L. Rev. 176-218.

    2) Mixed jurisdictions: common law vs. civil law (codified and uncodified) [.pdf]
    (2000) 60 La. L. Rev. 677-738
    (reprinted in Chinese translation by Peking University Press, (2003) 3 Private law Review 99-175).

    3) Mixed Jurisdictions: common law vs. civil law (codified and uncodified) (Part I)
    4 Uniform L. Rev. (N.S.) 1999-3, 591-619
    (reprinted in Chinese translation by Peking University Press,
    (2003) 3 Private Law Review 99-175).

    4) Mixed Jurisdictions: common law vs. civil law (codified and uncodified) (Part II)
    4 Uniform L. Rev. (N.S.) 1999-4, 877-908.
    (reprinted in Chinese translation by Peking University Press,
    (2003) 3 Private Law Review 99-175).

    5) Maritime Law as a Mixed Legal System (With Particular Reference to the Distinctive Nature of American Maritime Law, Which Benefits from both Its Civil and Common Law Heritages)
    (1999) 23 Tul. Mar. L.J. 317-350.

    Additional material is available at:

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1019842

    http://www.oup.com/us/catalog/general/subject/Law/ComparativeLawandNationalLegalSy/?view=usa&ci=9780199271009

    http://www.law.ed.ac.uk/conferences/wsmjj/index.aspx


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