Excellent overview of this reference work. How to get a copy of the book? Roland. Toronto.
> On Aug 29, 2020, at 4:20 AM, Frederick Noronha <[email protected]> > wrote: > > Harshvardhan Bhatkuly > @hbhatkuly > <https://twitter.com/hbhatkuly> > · > 14h <https://twitter.com/hbhatkuly/status/1299396613153017856> > Adv. Dr. F. E. Noronha shares an insight on the latest edition of his book > on the Portuguese Civil Code, 1867. The foreword for the book has been > penned by Justice M. S. Sonak > > PORTUGUESE CIVIL CODE, 1867 > 18 August, 2020 > > *Adv. Dr. F. E. Noronha shares an insight on the book which also has a > foreword by Justice Mahesh S. Sonak* > > Noted jurist Advocate F. E. Noronha has made available the draft Civil Code > for consideration of the people of the country. > > Civil Code is not personal or family law alone, though it certainly > includes these. It is the systematisation and ordering of all relations > between citizens. > > Dr. F. E. Noronha is enthusiastically convinced that the Goa model of the > civil code can serve as a model for India. He observes that the substantive > principles of the Code are practised by and are known to all the people of > Goa, even the less educated. Dr. Noronha observes that the Portuguese Civil > Code and other laws are an important functional and operative part of the > Goan heritage because they are deeply ingrained into the minds and hearts > of Goan people like the Konkani language, folklore, food and habits. > > A practising lawyer from Panaji, Adv. Dr. F. E. Noronha holds a Ph.D. in > Law from University of Pune. He has authored a book on Private > International Law and several books on Civil Law, including the Official > Translation of the Portuguese Civil Code, 1867 and Portuguese Code of Civil > Procedure, 1939 for the Goa Government. > > Dr. Noronha was faculty teaching Jurisprudence for LL.M. students for 15 > years and has been invited several times to Lisbon University as well as > various law schools and universities in India and various symposia and > seminars. > > Portuguese Civil Code, 1867 has been in force in Goa since 1870, for the > last 150 years, the Code has been not just an icon of Goan identity but > also a positive instrument of social order. It is not only uniform as > vainly aspired by the rest of the country, but it is also a systematic > organization of law in a style which is elegant in philosophical, > linguistic and legal terms. > > The Code was not translated since 1961 and Dr. Noronha was the first to > translate it in its full form in 2016, the present book, being its second > edition. > > The Code, besides a preliminary title, covers Obligations (Contract), > Property, Possession, Marriage, Children, Divorce, Guardianship, > Unsoundness of Mind and other disabilities, Succession, Civil Wrongs > (Torts) and Enforcement/ Remedies for substantive rights, and runs into > 2538 articles. > > Ill-advisedly a part of it has been truncated into a separate Act instead > of re-codifying and updating the vintage statute. > > “The Code has been always accepted and peacefully followed by all sections > of Goans and even by non-Goans who are settled in Goa. Like the natural > sceneries, the welcoming and amiable Goan people, the inimitable Goan > lifestyle, this Code is subconsciously and sometimes consciously the force > behind the grace and tranquility of Goan society. > > Its charming feature is that its provisions are known to the entire native > Goan population, even though they never read them in their original > Portuguese language. For example, a fully illiterate tribal from the remote > interiors of Goa knows that when a son or daughter is born, he has to go > and register the birth; when he gets married he has to first go to the > registration office along with his bride. If he wants to sell something, he > has to take his wife along because she has half right in it. He also knows > that when he dies, his sons and daughters will get equal shares without > distinction. He knows the he cannot sell his share in property without the > signatures of his brothers and sisters. He knows that in respect of > property of his deceased parents and ancestors, he has to file Inventory > Proceedings in the Court. > > He also knows that he can make a Will or Gift to one son or daughter only > to the extent of 50% of his half share. When he makes a Will, he has to do > it along with his wife. > > As we know in other places, births and marriages were not registered, > properties could be sold without the wife’s consent. Some heirs were barred > from inheritance and anybody could sell his share in property without > bothering about his co-owners. In other places, Wills are made at home and > people struggle for a so called probate which may come when the beneficiary > is dead. You can make a Will alone and dispose anything anyhow,” expresses > Dr. Noronha. > > The above comparison shows why the Portuguese Civil Code has brought in a > personal legal discipline in every Goan individual, couple and family > leading to an orderly, law abiding society. > > The need of the hour is for a complete updating of the Portuguese Civil > Code including in it all laws in the civil area > http://businessgoa.in/portuguese-civil-code-1867/ > > <http://businessgoa.in/portuguese-civil-code-1867/> > undefined <http://businessgoa.in/portuguese-civil-code-1867/>
