Comparing the transfer of property law in Bangladesh and England: any lesson for Bangladesh from contemporary English law?

Md. Jobair Alam, K. M. Ashbarul Bari

Research output: Contribution to journalArticlepeer-review

Abstract

The study aims to (i) compare the transfer of property law in Bangladesh and England; and (ii) question, if Bangladesh can take any lesson from contemporary English law. In so doing, the study after crystallization of certain terms revisited the major governing legislation of Bangladesh and England in the field of transfer of property. The study then looks at some selected topics within the periphery of the said Acts. This inclusively includes: sale, mortgage, gift and lease. Throughout the study a comparative research methodology is used which is more of a descriptive than analytical in nature. The study finds that: (i) being the followers of common law systems both jurisdictions share a myriad of analogous provisions but in some cases Bangladeshi laws have superseded the laws of England and in some cases they have failed in terms of ensuring the interests of the stake holders; and (ii) in the latter case Bangladesh may take some new lessons from English Law recently developed. Any such lesson may in turn not only secure the interest of the parties but also allow the courts of Bangladesh to explore the diversity of property forms, ethical values and normative commitments-in true common law fashion better compatible to property law jurisprudence.
Original languageEnglish
Pages (from-to)137-168
Number of pages32
JournalBangladesh law journal
Volume17
Issue number1-2
Publication statusPublished - 2017

Fingerprint Dive into the research topics of 'Comparing the transfer of property law in Bangladesh and England: any lesson for Bangladesh from contemporary English law?'. Together they form a unique fingerprint.

Cite this