Comparative Definition Of Comparative Law

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COMPARATIVE STUDY OF WOMEN'S PROPERTY RIGHTS UNDER DIFFERENT LEGAL SYSTEM An Overview We are able to differentiate the various cultures when we come across the distinct principled rules, legal norms or other techniques of social control which are visible in a society. The rise of social problems and the ensuring instabilities forced new changes in the law. Sometimes the elite attempted to impose their legal concepts on a custom bound peasant society, which was true in a colonial situation. The aim of comparative method is to promote better understanding of the laws and legal systems of different religions. To understand of objectives of comparative law, the comparative analysis is necessary. With the help of the comparative analysis one always gets better understanding of one's own legal norms, system or structure. Definition of Comparative Law H. C. Gulteridge said that Comparative law is a process or a method by which two or more legal systems or part thereof is compared with a …show more content…

If the Act is Silent then by Mitakshara and Dayabhaga school of Hindu Law. The nearer in degree excludes the Remoter. Same rule applied to Hindu except in the Case of coparcenary. Rules of representation are not applied in general under Muslim law. Rule of representation is recognized in Hindu Law. There is no concept of joint family in Muslim law. The concept of joint family is the salient feature of Hindu law. The right to inherit the property arises only on the death of the propositus. There is a difference between the two main schools of Hindu law. In Dayabhaga the right to inherit arises on the death but in Mitakshara it arises on the birth of the Coparcener. Here the word 'coparcener' includes both son and daughter. Rule of primogeniture is not recognized in Muslim law at any time. It prevailed at ancient time in Hindu law but not at present There is no concept of the rule of survivorship in Muslim law. It is a salient feature of Hindu

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