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Personal Laws: Undetermined Norms and Undetermined Concept?

Abstract : Many Asian and African constitutional and statutory texts use the phrase personal laws in order to determine the rules applicable to family matters such a marriage, divorce, maintenance and in some countries inheritance. However, this term is extremely vague and often without a clear definition in the legal texts. This paper tries to show the high degree of un-determination of the statutory references to personal laws. This chaotic situation can be explained by historical and political factors. Nevertheless, the paper proposes to stipulate a conventional definition of personal laws in order to facilitate the comparison between the Asian and African countries with a plurality of personal laws. Based on common features of these legal systems knowing a plurality of personal laws, such a definition can be useful for practical as well as for theoretical purposes.
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https://halshs.archives-ouvertes.fr/halshs-03279452
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Submitted on : Tuesday, July 6, 2021 - 3:02:42 PM
Last modification on : Thursday, March 17, 2022 - 10:09:02 AM
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Jean-Louis Halpérin. Personal Laws: Undetermined Norms and Undetermined Concept?. Liverpool Law Review, Springer Verlag, 2019, 40 (3), pp.253-270. ⟨10.1007/s10991-019-09227-x⟩. ⟨halshs-03279452⟩

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