Elements Of Child Law In The Commonwealth Caribbean by Zanifa McDowell

By Zanifa McDowell

A finished research of components of kid legislations within the Commonwealth Caribbean. It covers legitimacy, prestige of youngsters laws, parental rights, upkeep, relations provision and succession to estate, custody, adoption and care and safeguard concerns.

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This is the general position to which there are two main exceptions, those exceptions being St. Lucia which has a system which is to a large degree based on French law, and Guyana where although the system of law is based on English law, the land law is exceptionally still based on the earlier system of Roman-Dutch law . . [The] basic residuary law of all the other territories of the Commonwealth Caribbean is English law . . This is your residuary source of law, it is the source of your basic concepts, it's the source to which you go in the absence of anything else .

42. No. 18 of 1996. 43. There are limited exceptions in English law where the child is a soldier in actual military service or a seaman at sea. See In the Estate of Stanley [1916] P 162 and In the Estate of Rowson [1944] 2 All ER 36. 44. Salsbury v. Bagott (1677) 2 Swan 603. SCOPE OF THE LAW RELATING TO CHILDREN • the estates of deceased persons shall not be granted to anyone before he has attained the age of 18 years. 46 Further, parents not exercising proper control or supervision of the child47 may be held responsible for the child's consequential tortious acts, or they may be vicariously liable where they have authorized the actions of the child or where the child was their employee.

See Re Taylor's Application [1972] 2 QB 369, CA. 15 16 • ELEMENTS OF CHILD LAW IN THE COMMONWEALTH CARIBBEAN Notwithstanding the provisions of any written law to the contrary, and notwithstanding that a child is at common law incapable of suing or authorizing any person to sue in his own name in any court of law, he may prosecute any action in any court for any sum of money which may be due to him for salary, wages or piece work, or for work as an employee, in the same manner as if he were of full age.

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