Law of Jersey - Sources of Law - Customary Law - Legislative Reforms of Custom

Legislative Reforms of Custom

Many rules of customary law have been amended or abolished by legislation in the later 19th and 20th centuries. Examples of this include:

  • “Any rule of customary law, that a contract passed before the Royal Court for the transfer of immovable property may be annulled, at the instance of the heirs or devisees, as the case may be, of the transferor, if he or she dies within 40 days of the passing of the contract, is abolished” (Customary Law Amendment (No. 2) (Jersey) Law 1984).
  • In customary law, the age of majority was 20 years; the Age of Majority (Jersey) Law 1999 reduces this to 18 years.
  • “The rule under customary law that all gifts to a concubine are null is hereby abolished” (Wills and Successions (Jersey) Law 1993).
  • Customary law did not permit a cause of action for/against a person to survive the person’s death against/for the benefit of the person’s estate; Customary Law Amendment (Jersey) Law 1948 reversed this situation.
  • The année de jouissance (the right of an executor to have the income arising during the administration of a moveable estate for a year and a day) was abolished by the Wills and Successions (Jersey) Law 1993.

Read more about this topic:  Law Of Jersey, Sources of Law, Customary Law

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