Myanmar contract act 1872 pdf

Section 10 of the indian contract act deals with the relation between a contract and an agreement. Suppose i make a contract with a driver who will collect me from my hotel at 7. The indian contract act, 1872 prescribes the law relating to contracts in india and is the key act regulating indian contract law. The act is based on the principles of english common law. Communication, acceptance and revocation of proposals, contracts, violable contracts and void agreements, contingent contracts, certain relations resembling those created by contract, consequences of breach of contract, sale of goods, indemnity and guarantee. Womens rights under myanmar customary law yee yee cho abstract myanmar customary law is the personal law of myanmar people professing the buddhist religion. Validity of choice of law and forum selection clauses. Act of god and vis major global new light of myanmar. The project also ventures to seek the history of law of contracts in general and present a brief view on the changing notions about the contract law. Suppose i make a contract with a driver who will collect me from my hotel at. According to the indian contract act 1872, proposal is defined in section 2 a as when one person will signify to another person his willingness to do or not do something abstain with a view to obtain the assent of such person to such an act or.

L under section 56 of the contract act indian act ix of 1872 an agreement to do an act impossible in itself is void. Sale of goods act 1937contract act 1872 neither the sale of goods act 1937 nor the contract act 1872 provided for any restrictions on foreignowned companies to sell goods within the republic of the union of myanmar. Myanmar does not have franchisespecific legislation. The act also ensures that the parties consent freely and are competent to contract. Sale of goods act 1937 contract act 1872 neither the sale of goods act 1937 nor the contract act 1872 provided for any restrictions on foreignowned companies to sell goods within the republic of the union of myanmar. We have sought to identify, read, and understand all the reported decisions on contract of the courts of this country since 1900 and to use these to show how well developed, in general, the law of contract in myanmar actually is. The book primarily looks at the myanmar contract act 1872 and a small number of other statutes and at the relevant burmesemyanmar case law. What considerations and objects are lawful and what not. When contracts may be enforced which are contingent on specified event not. The consequences of breach of contract the consequences. However, according to directive 112017 by the ibrb, insurance policy means an insurance contract made between the insurer and insured. The authors have sought to identify, read, and understand all the reported decisions on contract of the courts of burma myanmar since the enactment of the 1872 act until about 1968 after which the.

The consequences of breach of contract section 7375 according to section 2h of the myanmar contract act, 1872, an agreement enforceable by law is a contract. Myanmar customary law is mainly concerned with such family matters as marriage, divorce, adoption, succession and inheritance, matrimonial rights, and with religious usage and institution. Formation and third party rights in the myanmar law of. Agreement void where both parties are under mistake as to matter of fact. This chapter discusses the myanmar law on contract formation and third party beneficiaries. Background learning objectives after studying this unit, you would be able to understand the meaning of the terms agreement and contract and note the distinction between the two. All agreements are contracts if they are made by the free consent of the parties competent to contracts, for the lawful consideration and with a lawful object and are not expressly declared to be avoided. Upper myanmar land and revenue regulation act 1889 lower myanmar town and village lands act 1898 myanmar contract act 1872 myanmar companies act 19 land and revenue act 1876 transfer of property act 1882 transfer of immovable property restriction act 1987 foreign investment law 2012 29 july 2014 page 8 port terminal projects foreign. The aim of the project is to trace the history of the indian contract act, 1872 and analyse the developments that led to its enactment in 1872. The book primarily looks at the myanmar contract act 1872 and a small number of other statutes and at the relevant burmese myanmar case law. Understanding the law of contract in myanmar by andrew. And section, 54 paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the registration act, 1908 xvi of 1908. Understanding the law of contract in myanmar oxford law faculty.

Before the indian contract act, 1872 was enacted, contractual disputes were decided by indian courts according to the rules of justice, equity and good consciencewhich meant rules of english common law. In mldb, myanmar laws which are categorized according to year of issue and area of laws are available. Formation and third party rights in the myanmar law of contract. The indian contract act of 1872 governs all aspects of franchise contracts including the franchise offering, acceptance, consideration, validity, breach and the termination of the franchise contract. The indian contract act, 1872, the information technology act, 2000 and the indian evidence act, 1872 are the crucial legislations which determine the validity of an econtract. These statutory laws included the contract act, the negotiable instruments act, the sale of goods act, the companies act, the arbitration act, and the civil and criminal procedure codes. The chapters and sections of this act which relate to contracts shall be taken as part of the contract act. The indian contract act, 1872 was enacted on 25th april, 1872 act 9 of 1872 and subsequently came into force on the first day of september 1872. To protect those matters of buddhist woman who enter into contract to marry with nonbuddhist man, the legislative council passed that relating act in 1939 myanmar law act no. However, according to directive 112017 by the ibrb, insurance policy means an insurance contract made. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. More than 77 businessrelated laws and 149 regulations are translated in english. Ix of 1932 contents sections particulars preamble 1 short title extent and commencement.

Act 15 of 1872 the indian christian marriage act, 1872 act 15 of 1872, was enacted on 18th day of july, 1872 to consolidate and amend the law relation to the solemnization in india of the marriages of christians. Dec 18, 2018 before the indian contract act, 1872 was enacted, contractual disputes were decided by indian courts according to the rules of justice, equity and good consciencewhich meant rules of english common law. However, these are released independently and should be considered in relation to the industry of each specific project for example, a transport project would be governed by notifications from the ministry of transport and communications. Proposal or offer according to the indian contract act 1872, proposal is defined in section 2 a as when one person will signify to another person his willingness to do or not do something abstain with a view to obtain the assent of such person to such an act or abstinence, he is said to make a proposal or an offer. Commercial relationships, including franchises, are mainly governed by the contract act 1872, myanmar companies act 1914, foreign investment law 2012, and foreign investment rules 20, along with a range of notifications issued by various ministries from time to time. Tax systems in myanmar international monetary fund. The myanmar law of contract largely comprises the myanmar contract act 1872, which is identical to the indian contract act 1872 subject to some factual. The myanmar contract act of 1872 the contract act does not give definitions for null and void, inoperative and incapable of being performed. Burmamyanmar laws, decrees and regulations 1872 online. Power to set aside contract induced by undue influence. The myanmar law of contract largely comprises the myanmar contract act 1872, which is identical to the indian contract act 1872 subject to some factual changes in the illustrations. The act came into force on 1 april 1941 but it was unaffected because of the existence of the 2nd world war.

The contract act does, however make analogous provisions. Any assumption that the general law of contract in myanmar can simply be found and understood by reading the myanmar contract act 1872 must be dispelled. Nothing herein contained shall affect any law in force in the union of burma, by which. But in 1872 it will have been very serious, striking at the heart of the contract and putting the manager in a very difficult position. Legislation online online burmamyanmar library, asian studies www virtual library pdf of law in english doc. Burma law journal 19221927 all india reporter, rangoon 19231937 rangoon law reports 19371942. Burmas electronic transactions law as a sign of hope for a troubled nation article pdf available in international business research 31 december 2009 with. Contract act 1872 sale of goods act 1930 export and import law 2012 replaced the control of imports and exports temporary act 1947 special economic zone law 2014 myanmar investment law 2016 replaced the foreign investment law 2012 relevant regulations and notifications. When event on which contract is contingent to be deemed impossible, if it. The indian penal code, drafted and adopted in 1860, was also imported from india. As to null and void, w1der the contract act, an agreement not enforceable by law is said to be void. A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful. What is the law of contract in myanmar burma and how far does it differ from modern english contract law.

The consequences of breach of contract the consequences of. Export and import law 2012 the export and import law 2012 superseded the control of im ports and exports temporary act. When contracts become void which are contingent on happening of. Understanding the law of contract in myanmar by andrew burrows. A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. As to null and void, w1der the contract act, an agreement not enforceable by. The authors have sought to identify, read, and understand all the reported decisions on contract of the courts of burmamyanmar since the enactment of the 1872 act until about 1968 after which the. Under section 2h of the contract act, any agreement enforceable by law is a contract. It was drafted by english lawyers and appears to be a statutory codification of the english common law of contract. The relevant laws governing myanmars power sector include. Applies to all judicial proceedings in or before any court, including courtsmartial, but not to affidavits presented to court or officer, nor to proceedings before arbitrator. It determines the circumstances in which promises made by the parties to a contract shall be legally binding.

Commercial relationships, including franchises, are mainly governed by the contract act 1872, myanmar companies act 1914, foreign investment law 2012, and foreign investment rules 20, along with a range. This expression includes any foreign economic enterprise carrying on business in. History of myanmar buddhist womens special marriage law. Every contract made in the myanmar jurisdiction mainly depends on the contract act 1872. Contract caused by mistake of one party as to matter of fact.

All laws, acts, sro, regulations, rules, ordinance of bangladesh in english and bangla. Contract act, 1872 however, if two or more courts have jurisdiction over the subject matter, an agreement by the parties that the disputes between them will be subject to one of such courts is valid for the reason that it does not amount to an. The indian contract act, 1872, the information technology act, 2000 and the indian evidence act, 1872 are the crucial legislations which determine the validity of an e contract. The book shows how well developed, in general, the law of contract in myanmar actually is. The authors have sought to identify, read, and understand all the reported decisions on contract of the courts of burma myanmar since the enactment of the 1872 act until about 1968 after which the myanmar law reports are in the burmese language only. Ppps can also be regulated by sectoral notifications prepared by ministries. Korea international cooperation agency korea ministry of government legislation myanmar law information system.

Any assumption that the general law of contract in myanmar can simply be found and understood by reading. Parameters of the lease agreement will largely be drawn from the wording of the contract between the parties. The dispute of maritime boundary between bangladesh, india and myanmar admiralty law. What is the law of contract in myanmarburma and how far does it differ from modern english contract law. Business organisation 6 myanmar companies act, 1914.

More difficult to determine are the differences, if any, where the 1872 act runs out and there is no other myanmar statute such as the specific relief. Let me take another example, which will perhaps show us the path. Myanmar acts and laws 1 the union of myanmar foreign investment law 1988to be replaced soon 2 the myanmar citizens investment law 1994 3 the state owned economic enterprises law 1989 4 contract act, 1872. The essence of the india contract act has been modelled on that of the english common law.