Thursday 25 September 2014

Law went Missing in Goa! can you find it?(Article 1565 of the Portuguese Civil Code)

"Ignorance of Law cannot be a Excuse". If you dont know any law, the laws of the land are in the books so you can just go to a public library and read them,but what if the laws of the land are not in the books, Precisely this is the case of one Provision of Portuguese Civil Code from the chapter of "contract of Sale" i.e the Article 1565 of the Portuguese Civil Code.

This Provision of Contract of Sale was held to be Not-Repealed and still In-force in the state of Goa by the Single Judge of the Goa High Court Hon'ble Justice F.M Reis in two Judgements namely Second Appeal No.3 of 2006 and Second Appeal No.24 of 2012.The Court held that the Provision of Article 1565 of the Portuguese law of contract of sale is intimately connected to the Succession Law Still in force in the State of Goa.The article 1565 guarantees the children a right in the Self Acquired properties of the Parents during their lifetime.

The two Judgements namely Second Appeal No.3 of 2006 dated 09/12/2011 and Second Appeal No.24 of 2012 dated 21/06/2012 are the only cases wherein the article 1565 of the Portuguese Civil code has been considered and upheld by the High Court,as Such these two Judgements are the Landmark Judgements in the history of the Goan Judiciary.

upto here everything is great,but it came to my notice that this provision of Portuguese Civil Code which is intimately connected to succession law has not been Published by the Government of Goa in any Publication.Nor it can be found in the Book Published by one of the Experts in Portuguese Law in Goa the Learned Senior Advocate Mr.Usagaoncar titled Family Laws of Goa Daman and Diu, Volume I and II.

Furthermore, the only Law Reporter in Goa,the GOA LAW TIMES has not included these two judgments in its publication nor did the Bombay Cases Reporter,or All India Reporter.

Just to Clear my doubt, information was sought from the High Court of Bombay as to whether the two Judgments are Reportable or Not,Amazingly they came out to be Reportable Judgments.

I put a challenge to all the Goans to find out Where this provision of law applicable to each of us Goans is published,also find out from the advocate friends of yours about this Article 1565 of the Portuguese Civil code and i guarantee you that they wont be knowing its existence.

Now the question arises What should the Common Man do?

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