https://myanmar‐law‐library.org/IMG/pdf/jurisprudence_1993.

pdf

6101

I would like to answer that, in this problem, Yes,U Hla must be taken action under the Penal
Code of Myanmar.

I would like to present that U Hla, a Myanmar sailor, commits murder on the German ship, on
which he was working, in the Mediterranean Sea.

According to Section (3)of Penal code of Myanmar, Any person liable, by any law in force in the
Union of Burma (Myanmar), to be tried for an offence committed beyond the limits of Union of
Myanmar shall be dealt with according to the provisions of this Code, for any act committed
beyond the Republic of the Union of Myanmar in the same manner as if such act had been
committed within the Republic of the Union of Myanmar.

According to Section (4) The provisions of this Code apply also to any offence committed by
(any citizen of the Union wherever he may be).

Illustration of section(3);

"A" who is the citizen of Myanmar, commits adultery in England. Adultery is not a crime in
England. But "A" can be taken action under Section 499 of the Penal Code, which is the
Criminal Law of Myanmar.

Illustration of section(4);

"A" who is a citizen of Myanmar, commits a murder in Uganda. He can be tried and convicted of
murder in any place in Myanmar in which he may be found.

Conclusion:

I would like to answer that, Therefore, U Hla must be taken action under the Penal Code of
Myanmar.

6102

I would like to answer that, in this problem,No, Mg Mg Win and Ni Ni marriage isn’t valid
under Myanmar Customary Law.
I would like to present that ,Mg Win who is a Myanmar Buddhist and overer 18 years of age. Ni
Ni (a Myanmar Buddhist) is over 18 years of age.. They married without the consent of their
parents.

2.1 Essential of Legal Marriage

Essentials of marriage according to Myanmar Customary Law are as follow-

1. The man should be attained his puberty.

2. The woman should be a spinster above 20 years of age, a widow, a divorcee or a spinster
under the age of 20 years who has obtained her parents’ or guardian’s consent. Nowadays, the
woman should be attained over 18 years of age according to Section 23 of the Child Law.

3. The parties must be mentally competent to contract according to sec-11 of the contract Act.
(Both parties must not be unsound mind)

4. The parties must give their mutual and free consent with intend to become husband and wife
presently.

5. The woman must not have a subsisting valid marriage; (polygamous system)

6. In the absence of direct proof, marriage may be assumed from the conduct of the parties or
established by reputation. They should live together as husband and wife openly.

(1)The man should be attained his puberty.

The Dhammathat do not specify the exact age when a boy or girl could validly become husband
and wife. In the case Mg Nyein Vs Ma Myin4 that there was nothing in Myanmar Buddhist Law
to prevent a youth from contracting a valid marriage without his parents consent at any time he
was physically competent for marriage.

In 1928 the Yangon High Court decided in Maung Thein Mg Vs Ma Saw5 case that at Myanmar
Buddhist youth is competent to contract a valid marriage at any time the is physically competent
of marriage and no consent of his parents or guardian is necessary.

(2)The woman should be a spinster above 20 years of age,a widow,a divorcee or a spinster under
the age of 20 years who has obtained her parents’or guardian’s consent.

The girl less than 20 years of age and not a divorcee or window, the consent of her parents or
guardian is requisite for a valid marriage. This consent may be expressed or implied and consent
subsequently given will validate the marriage abinitio.
According to Section 23 of the Child Law, 2019 lay down marriageable age of man and woman
must be over 18 years according to Pyidaungsu Hluttaw No 22/2019 in Myanmar.But according
to Myanmar Customary Law, The woman should be a spinster above 20 years of age, a widow, a
divorcee or a spinster under the age of 20 years who has obtained her parents’ or guardian’s
consent.

Illustration:

In the case Ma E Sein Vs Maung Hla Min Myanmar Buddhist Law minor spinster whether
capable of entering into a contract of marriage without consent of guardian or not, was held that
no minor girl under the age of twenty can contract a valid marriage without the consent or
against the will of her parents or guardians, or of the relation under whose protection she is
living.

Conclusion:

I would like to answer that, Therefore,above mentioned Myanmar Customary Law and
cases,their (Mg Win and Ni Ni) marriage isn’t valid .

6103

Answer;

I would like to answer that, in this problem , No, this isn’t a valid contract.

I would like to present that , According to Section 7 of the Contract Law, Acceptance must be
absolute. In order to convert a proposal into a promise, theacceptance must -(i) be absolute and
unqualified; (ii) be expressed in some usual and reasonable manner, unless the proposal
prescribes the manner in which it is to be accepted. If the proposal prescribes the manner in
which it is to be accepted, and the acceptance is not made in such manner, the proposer may,
within a reasonable time after the acceptance is communicated to him, insist that his proposal
shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts
the acceptance. In the case,U Phyu had a conversation with his nephew, Mg Ni, about buying his
(Mg Ni) horse. After their discussion, the uncle replied by letter stating that if he didn’t hear any
more from his nephew concerning the horse, he would consider acceptance of the offer done and
he would own the horse. His nephew did not reply to this letter and was busy at auctions. U Hla
ran the auctions and the nephew advised him not to sell the horse. However, by actions, he ended
up selling the horse to someone else.

Thus in Felthouse vs. Bindley11.C.B.Ns 869, Felthouse offered by letter to buy his nephew's
horse for a certain sum mentioning "If I here no more about it I shall consider the horse is mime
for that price." No answer was given to that letter, but the nephew told Bindley, an auctioneer, to
keep the horse out of auction, as it was sold to his uncle. Bindley sold the horse by mistake and
felt house sued him for sale of his property.

Held that the nephew had never signified to Felthouse his acceptance of the offer there was no
contract of sale, between Felthouse and his nephew and the horse did not belong to Felthouse at
the time of auction sale.

Conclusion:

I would like to answer that,Therefore, based on relevant case, this isn’t a valid contract.

6104

Answer;

I would like to answer that, This partnership firm is a kind of partnership at-will and no fixed has
been agreed upon the duration of the partnership.

I would like to present that , “Partnership” is defined as "the relation who subsists between
persons carrying on a business in common with a view of profit." Section 239(d) of the Indian
Contract Act defined that "Partnership is the relation which subsists between persons who have
agree to combine their property, labuor or skill in some business, and to share the profits there of
between them". In Myanmar Naing-Ngan, the term "Partnership" is defined by the Partnership
Act5 , Section 4 as "Partnership is the relation between persons who have agreed to share the
profits of a business carried on by all or any of them acting for all. In the case, U Nyo and U Mya
are partners of the the “Diamond” partnership firm ,Provision of under the Law of Partnership
1.5,there are different kinds of partnership are as follow;-

(1) Ordinary partnership

(2) Partnership at- well

(3) Particular partnership

1.5.2,Partnership at- well; A partnership is deemed partnership at-will when(i)no fixed has been
agreed upon the duration of the partnership and (ii) there is no provision made as to the
determination of the partnership in any other way.

Provision of under the Law of Partnership Section-7,On the other hand, where no provision is
made by contract between the partnership for the duration of their partnership or for the
determination of their partnership, it is called partnership-at-well.

In the case of San Win vs.U Ba Nyunt11,it was decided about the Partnership at-will.
Therefore, a partner ,in the case of partnership at-well, can retire form the firm dissolve it
whenever he think proper merely giving notice in writing to other partners of his intention to that
effect.

Conclusion:

I would like to answer that,Therefore, , This partnership firm is a kind of partnership at-will and
no fixed has been agreed upon the duration of the partnership.

6105

Answer;

I would like to answer that,U Kyaw has the duty to custody that land not to be intervened by the
other.

I would like to present that , U Kyaw sold his land to U Aung with a contract of sale. After
accepting the documents of title relating to the property, U Aung goes an important trip
concerned with his personal case for three weeks. Then he says U Kyaw that he will accept the
land after he has arrived from the trip. During that time, U Maung intervenes and tried to possess
that land by illegal means.

According to Section 55 of Right and Liabilities of Buyer and Seller in the Land Law,

In the absence of a contract to the contrary, and the seller of immoveable property respectively
are subject to the liabilities and have the rights, mentioned in the rules next following or such of
them as are applicable to the property sold;

(1) The seller is bound

(a) to disclose to the buyer material defect in the property or in the seller's title there to of which
the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care
discover;

(b) to produce to the buyer on his request for examination all documents of title relation to the
property which are in the seller's possession or power;

(c) to answer to the best of his information all relevant questions put to him by the buyer in
respect to the property or the title there to;

(d) on payment or tender of the amount due in respect to the price, to execute a proper
conveyance of the property when the buyer tenders it to him for execution at a proper time and
place;
(e) between the date of the contract of sale and the delivery of the property, to take as much care
of the property and all documents of title relating where to which are in his possession as an
owner of ordinary prudence would take or such property and documents;

(f) to give, on being so required, the buyer, or such person as he directs, such possession of the
property as its nature admits;

(g) to pay all public charges and rent accrued due in respect of the property up to the date of the
sale, the interest on all incumbrances on such property due on such date, and except where the
property is sold subject to incumbrances, to discharge all incumbrances on the property then
existing.

(2) the seller shall be deemed to contract with the buyer that the interest which the seller
professes to transfer to the buyer subsists and that he has power to transfer the same.

Conclusion:

I would like to answer that,Therefore, U Kyaw as a seller has the duty to custody that land not to
be intervened by the other.