Is it true that in Goa neither the Shariat nor the Hindu code applies, to this day the common Portuguese Civil code applies?

BRY2K

Yes. Perhaps the most valuable living legacy left in Goa by the Portuguese is a codified system of Law: the Portuguese Civil Code of 1867 and the Code of Civil Procedure of 1939, which encompass the entire spectrum of Civil Law. It is a codification divided into four sections. Part I contains Articles 1 through 17 delineating the basic provisions of the Code, the most important of which is Article 7, which establishes the principles of racial and gender equality. Part II further develops these provisions. Part III deals exclusively and comprehensively with property rights. Part IV concerns itself with matters of civil responsibilitiesinfringement of rights and their restitution. http://mmascgoa.tripod.com/id12.html http://www.indiafirstfoundation.org/glimpses%20of%20indian%20history/Articles/Didyouknow_m.htm Sep 03 08, 2:48 PM

author

There are a number of reasons why the Portuguese Civil Code is of paramount significance in the Indian legal context. The first has to do with the concept of absolute equality. For the most part, the civil laws currently in force in Goa that pertain to marriage, divorce, protection of children and succession are non-discriminatory in terms of caste, ethnicity or gender. And this is an advantage that does not exist in the rest of India, where the population is governed by Common Law, and in which there exists a lacunae where the protection of the rights of women and children are concerned. Under Portuguese Law, marriage is a contract and the civil registration of marriage is mandatory. http://mmascgoa.tripod.com/id12.html Sep 04 08, 6:44 PM