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Report No. 62

2.8. Constitutional provisions in some Latin American countries.-

It may be noted that numerous Latin and South American countries have attempted to solve the problem by constitutional provisions. The Boliviana Constitution, for example, provides that "inequities among children are not recognised. They have all the same rights and duties.1" The Gautemala Constitution provides that "all children are equal before the law and have identical rights.2"

The Panama Constitution provides that "parents have the same duties towards children born out of wedlock as towards children born in it. All children are equal before the law and have the same hereditary rights in intestate succession.3"

1. Constitution, Article 183, Pan American Union, Constitution of Republic of Bolivia (1961).

2. Constitution, Article 86(2)(3), Pan American Union, Constitution of Republic of Guatemala (1962).

3. Constitution, Article 58, Pan American Union, Constitution of the Republic of Panama (1946).

2.8A. Adopted Children.-

Secondly it is desirable to treat adopted children in the same way as natural born children, having regard to changed social conditions. In fact, under the General Clauses Act,1 "son" includes an adopted son, where the 'personal law' permits adoption. Adoption is now being resorted to by non-Hindus also.

1. Section 3(53), General Clauses Act, 1897.

2.9. The implementation of the two changes indicated above1 in the definition of "dependant" permits a slight shortening of category (iii) of the definition.

1. Regarding illegitimate and adopted children.



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