The Opportunity for a Civil Code in Myanmar
Asian Journal of Law and Policy Vol 1 No 1 (July 2021) eISSN: 2785-8979 The Opportunity for a Civil Code in Myanmar Rémi Nguyen Institut de Recherche sue l’Asie du Sud-Est, Thailand remi0405@gmail.com ORCID iD: 0000-0002-6567-7472 (Corresponding author) ABSTRACT If the modern concept of codification is seen as a Code, Myanmar experienced for long time official and various codifications in a broad interpretation of the term. Indeed, Dhammathat has been used in the Ancient Burma. Moreover, a Burma Code related to the codification of Indian Common Law has been established in the country through the British colonisation. Since the independence of the country, the government continues to compile statutes law and case law on a year-by-year basis. Nowadays, codification can be used to solve legal uncertainty and conflict of laws in civil law such as family law, contract law and property law. Hence, Myanmar needs to modernise its civil law and could do it through a Civil Code. Therefore, this modernisation can be a great opportunity to achieve the legal, social and political unity in the country. Keywords: Codification, Civil Law, Civil Code, Dhammathats, Burma Code Received: 22 Oct 2020, Accepted: 31 Mar 2021, Published: 28 Jul 2021 1. Introduction For decades, Myanmar was marginalised from globalisation. Foreign investors were not prone to invest due to the political and economic situation in the country. Since 2011, plenty of laws were enacted along the path of modernisation, free market and rule of law. The modernisation of the law can be implemented through the tool of codification.
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