Aplicable Law in Sri Lanka (RDL or EL)

Common law means that laws which are developed through case laws & judicial precedents
rather than based on written laws. In srilankan context, roman dutch law is considered as
common law of srilanka. In the case of Daniel V. Johanis Appuhamy (1956) it was quoted
that “The roman dutch law is the common law of ceylon. It is a legacy of the dutch to this
island. It has thrived on the soil of Ceylon.” Hence, it was controversial matter of deciding
applicable law in srilanka as RDL.

When considering early times of srilanka, kings verdicts and decrees were the law. And also
Law is set of rules that govern the society. Portuguese who took over srilanka in 1505, was
not made any effort to establish well organized legal system but taken away valuable
resources from srilanka. With the invasion of Dutch in 1656, introduced Romen Dutch Law
to srilanka. As they were unable to invade middle part of the country, RDL was only effected
to people who were lived in coastal area. Finally in 1796, English ceded srilanka and able to
well structure the legal system of srilanka. Although they came with English law priciples,
they did not directly involved changing of the RDL concepts as they were govern people who
were resided in coastal area in reliable manner.

When it comes to Personal laws in Srilanka, there can be identified several laws such as
Kandyan Law, Muslim law & Tesawalamai law. Also there was Mukkuwar Law which was
among people who lived in coastal area but it was faded away with the time passing. These
each personal laws have key features such as territorial aspects and personal aspects to
identify whether subjected person is govern by which law. Apart from these personal laws,
Romen Dutch law in consider as common law of srilanka. When English conquer Kandyan
Province by Proclamation of 1835 Romen Dutch Law was introduced to entire island with
recognition of other personal laws as well. English were strictly consider that RDL concepts
were apply for criminal matters and other civil matters would govern by each persons
personal law and customs and morality. In the event of casus omissus RDL will fill the gap.
That means, if there is lacuna, gap or loop whole found out any law, applicable law would be
RDL.

On the other hand, when considering about applicable law in srilanka there are several land
mark case laws can be seen. Hence it is no point in discussing about applicable law in
srilanka without considering case laws in this regard.

Samed V. Seguthamby 1924

The basic principle argued in this case was principle of neighboring. This principle was
emerge as English law concept. This principle in tort law generally refers to the legal
principle that individuals have a duty to use their property in a manner that does not cause
unreasonable harm or interference to neighboring properties. As per the facts of the case
defendant had fired up his land for the purpose of making land for cultivation. But
unexpectedly the fire was spreaded to adjoining land and make considerable damage to the
plaintiff. Although precautionary actions such as properly control the fire, following fire
safety guidelines, or taking adequate measures to prevent the fire from spreading have been
taken by defendant it was decided that even though romen dutch law is the applicable law in
srilanka, for the incidents like these it is advisable to consider about principles in English law
such as neighboring principle.