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VOL. 27, NO. 43, July11 , 2008 (Ashadh 27 2065 B.S.)
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Legal Manual
This encyclopaedia is going to be helpful for those foreign lawyers who want to know about Nepal's law of contract
By A CORRESPONDENT
At a time when the market is more globalized and there is inter-dependency among the nations of the world, one needs to know about the legal systems of all parts of the world regarding the legal concepts, financial and common laws of particular countries.
Like the countries around the world Nepal, too, is experiencing rise of global business. From tourism to other international business, Nepal is a part of global economy and there are hundreds of multi-lateral agencies, non-governmental organizations and business groups who have been working in Nepal. Many new ventures are coming to Nepal.
The first and foremost thing for all these organizations will be the need to know about the legal system of Nepal and laws of various forms.
Written in Nepali and evolved under its indigenous system, Nepal's legal system has its own long history.
International Encyclopaedia of Laws
General Editor: Professor Dr. R. Blanpain
Nepal Chapter: by Pravakar Adhikary, Tribhuwan University
Kishore Uprety, Attorney, Washington D.C
Published by: Kluwer Law International
P.O. Box 316, 2400 AH Alphen aan den Rijin, The Netherlands
Email: sales@kluwerlaw.com |
From calendar to legal codes, Nepal has its own system. As there is a greater requirement of a book to help others understand our law, two prominent lawyers Pravakar Adhikary, who holds and MCL from University of Delhi and an LLM from Columbia University, New York, and Kisore Uprety, who holds a Diploma' Etude Superior and a Doctorate from the Soboneed University Paris, have contributed Nepal's legal system for the encyclopaedia.
Compiling all the legal and constitutional system of Nepal, the authors duo help those who would like to know Nepal's legal system. " Nepal follows a unique calendar system (referred to as the Bikram Sambat) which correspondingly is 56 years 8 months and 16 days ahead of the Gregorian calendar system. This explains the confusions often emanating from the reference to two including Gregorian date in parentheses," say writer duo.
Although Nepal has a long history of exposure to west, it is the only country in south Asia, which follows different legal system evolved through last many years. Some of its civil code laws are more than a century old. For foreigners from western world, it is not easy to understand the legal system of Nepal.
"This monograph is intended for the use of foreign lawyers desiring information about the Nepalese law of contracts. In order to assist readers unfamiliar with the few unique legal concepts, occasional comparisons with the common law or continental law have also been added, but only to the extent necessary," authors writes in the preface. "As such the scope of this monograph remains narrow and focused. It is important to note that there is a real dearth of writings and publications on the Nepalese law of contracts and therefore in writing this monograph, we have been forced to rely extensively on primary sources and to draw from only a small stock of secondary sources. We hope that the readers will benefit form this monograph but scholars will continue to pursue further research on and about this topic."
Divided into several chapters, this monograph gives insight into overall legal system of Nepal. The first chapter consists of geography and economy, which includes the physical and cultural geography and economic characteristics of Nepal. The second topics talks about the Nepalese legal family which consists of the history of the Legal code and Customary Law.
In the third chapter, the author duo discuss the law of contracts in Nepal describing contracts in general highlighting the economic, social and cultural values. They also discuss government contracts and contracts financed by bilateral and multilateral agencies and general scheme of contracts.
In their short series on Nepal, lawyers Adhikary and Uprety critically analyse and discuss the judicial system of Nepal and contracts, specific laws and all other important aspects of Nepal's legal system.
This book is very helpful and informative to understand Nepal's legal system particularly the contract laws for those who want to do business in Nepal.
