Search results
People also ask
What is the Mauritian legal system?
What is the nature of Mauritian law?
Why does Mauritius retain French international private law?
What is the basis of Mauritian civil law?
Is Mauritian administrative law a colonial law?
Why was the common law not incorporated in Mauritian law?
Jan 1, 2018 · The Mauritian Legal System is considered as a mixed or more commonly a hybrid legal system. The two previous colonial powers, that is the French and the British have both left their signature on the Mauritian Legal System.
- Legal System
Pursuant to the lockdown in the Republic of Mauritius, the...
- Legal System
- Historical Backgrounds
- Sources of Mauritian Law as A Hybrid Legal System
- Doctrine
- Relative Importance of ‘Doctrine’ in Civil Law and Common Law Systems
- Conclusion
The republic of Mauritius has been subject to a number of colonization attempts, namely by the arabe, the Portuguese and the Dutch in the year 1598 and the French cause to colonise Mauritius in the 1715 and of course they introduced their law to Mauritius for e.g (i) Loi & Reglements (legislation) (ii) coutume. And when the French retrieve the isla...
The basic substantive content of part of Mauritian law is thus derived from the French codes: the Civil Code which has been amended over the years to adapt the local context, the Penal Code which has been reenacted as the Criminal Code and the Code of Commerce has been included to a lesser extent. While on the other hand, the law of procedure and e...
The term Doctrine designates legal scholarship, the body of legal writing or literature. As one French writer observed “on entend par doctrine l’ensemble des etudes publiées par les jurists, les opinions qu’ils émettent sur les questions relevant de leur spécialité; la doctrine est la théorie du droit”.
In civil law systems, doctrine is an inherent part of the system and is indispensable to a systematic and analytical understanding of it. It exerts considerable influence on “l’établissement et l’évolution des règles du droit”. As one writer puts it: [La doctrine] guide le législateur, la jurisprudence et la pratique et les fait bénéficier de trava...
Starting from our historical background, Mauritius has been subject to a number of colonization attempts. Amoung all these colonization, Mauritius adopted its laws from two colonization. That is from France and England. The legal system of Mauritius is governed by both French Code Napoleon and the British law based on the common law. Thus the prese...
The Mauritian legal system is a unique hybrid system with: French Substantive law (for Offences) English Law (Procedure; Evidence; Language) English judges with English law background will be interpreting our laws which invariably include French laws.
- (70)
Therefore, there are various sources of Mauritian law: the written Constitution 1968 as the supreme law of the land (section 2 of the Constitution), in a sovereign and democratic State (section 1 of the Constitution); legislations in the form of Acts of Parliament (or statutes) and Regulations; binding precedents; doctrine and customs; and usages.
Most of the laws enacted in Mauritius between 1810 and 1840 were set out in two columns, one in French and one in English, the most noteworthy being the Penal Code Ordinance of 1838, which is now our Criminal Code.
The Mauritian legal system is a composite system of laws which blends both the French civil law and the British common law practices, characterized by a duality of concepts – the French substantive laws and the English procedural laws, respectively.
Commonwealth in 1968, its law and legal system reflect the legal traditions of both its former colonial rulers.3 In general terms, Mauritian private law is based on the French Code Civil while public law and commercial law are based on English law:4 an example of what has recently been labelled a "bi-systemic legal system".
