What are the benefits of customary law?

What are the benefits of customary law?

The advantage of customary law is that it is not necessary for a State to formally accept a rule in order to be bound by it, as long as the overall State practice on which the rule is based is “widespread, representative and virtually uniform” and accepted as law.

What is the advantage of customary marriage?

Customary law allows the husband, by virtue of his matrimonial power, to dispose of assets, including land, on behalf of the family when property is held jointly. When a woman contracts into a customary marriage, the husband has the legal power to dispose of land on behalf of the family (17).

What are the disadvantages of delegated legislation?

Disadvantages of Delegated Legislation Authorities may follow the dictatorial principle. Increase in corruption and misuse of powers. Lack of legal knowledge among common people may trigger unavoidable situations. Slowly, the executive will start encroaching upon the legislature if delegation is obscure.

What are the requirements of customary law?

Requirements for a valid customary marriage

• The prospective spouses must both be above the age of 18 years;
• They must both consent to be married to each other under customary law; and.
• The marriage must be negotiated and entered into or celebrated in accordance with customary law.

What are characteristics of customary law?

SALIENT CHARACTERISTICS OF CUSTOMARY LAWS Customary law has several features which include inter alia: 1 It is largely unwritten 2 It is accepted as binding in the society. 3 It differs from tribe to tribe i.e. it is not uniform 4 It must be in existence at the material time.

What are the advantages of a common law system over a civil law system?

Common law can develop and examine responses to situations in real life. Common law is more flexible, faster, and responsive than parliamentary law. Often, common law reacts and responds rapidly to community expectation, changing social values and so on.

What is an example of a customary law?

Hunting and fishing rights; Aboriginal traditional marriages; Aboriginal child care practices; Traditional distribution on death; and.

What are the advantages of subsidiary legislation?

The abundance of subsidiary legislation in the legal systems serve a great deal of benefits and advantages especially to ease the burden of the legislative bodies especially in dealing with the details of the law and also to gain expert views on certain issues.