Functions and utility of Comparative Law

Comparative law considers the development of two or more system of law. It tries to bring uniformity in laws and legal institution. Comparative law is mach more useful in national and international field.

Better understanding in ones own legal system and foreign law.

Comparative law is the best method of renewed study of our own legal system. Comparative law increases a person knowledge and understanding about the law of ones own country comparing with the other legal rules.

Generally comparative laws help to-

1. Know, understand and dendrite ones own legal system.
2. Develop or improved legal rules from the comparing experience of foreign law.
3. Discover drawback from the comparing experience of foreign law.
4. Reduce the conflict of regional system and brings conformity of law.

Aid to the legislation and other law reform agencies for social and legal reform.

Comparative law helps the legislature and other agencies in making new laws and modifying and repealing currents laws for the interest of there people by the way of legal reform.

By the study of foreign law in comparison with local laws the reforms can know the drawback in there legal system and rules and adopt measures for improving them.

Comparative law helps the law reform process in following three ways-

1. In making new rules or modifying & repealing the existing laws.
2. In preparation of draft in the formulation of legislation.
3. In the enforcement of law.

Decisions of cases by the courts of law.

Comparative law is useful for the solution of the problems and issue in the case which can not be possible to decide by a court in the absence of local laws. The courts may take help of foreign laws in three situations-

1. Where the problem of the case is new and there is no local law available to decide it. But the same law is existing in a foreign country.

2. Where the judge in order to proper justice thinks that the local law was inadequate then takes helps from foreign laws.

3. When the disputes contain elements of foreign law then the local or national court may take reference from foreign law.

Helps to the practicing lawyers and attorneys.

Comparative law is very much helpful to the advocates for advancing there legal profession. Advocates may interpret local laws with the help of foreign laws. The knowledge of foreign law and legal institution may assist the practicing lawyers and attorneys.

1. A lawyer who is conversant with the foreign law can properly conduct a case wherein a foreign matter or law in involved.
2. A practicing lawyer who has sufficient knowledge of foreign law may conduct a case in foreign country.
3. With the reference of foreign laws a practicing lawyer can persuade the court for a favorable decision.
4. A comparative lawyer can argue a case before an international tribunal like International Court of Justice.
5. A comparative lawyer deals with the international tread and commerce and can argue a case before foreign court.

Value to the tourists, diplomats and visitors in a foreign country.

The visitors and the tourists in a foreign country are greatly benefited by the method of comparative study. The foreign visitors, tourists and diplomats are required to know-what they do and what they do not do in a foreign country.

Comparative study of law plays a important rule for the foreign diplomats and consul to look after there state interest and there people. The knowledge of comparative law helps them to discharge there duty properly and able established friendly relation with the people of that country.

Avoidance of territorial conflict and unification of law.

Comparative law tends to bring uniformity in law and legal institutions of the world. The important fact about the world community is that, they are different from the other territories. Every nation is independent within its boundary and is free to frame its domestic laws. By the help of comparative law good relations among the states and its people may be established. Thus one of the main aims of comparative legal research is to avoid conflicts in territorial legal system and to give the world a unified and single system of law.

Development of foreign tread and commerce.

Comparative law is helpful in the development of foreign tread and commerce by involving a unified policy among the nations-

1. The problem of export and import tread can be solved by the comparative study and research of law.
2. Comparative law can be promoted both the export and import tread.
3. Comparative law can be effectively solved the problem of international contractual obligation.
4. Comparative law helps to established closer trading relation among the nations and settlement of international dispute.
5. The knowledge of comparative law helps a person to invest money in foreign country.
6. Comparative law tends to bring uniformity in the foreign exchange regulation.
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