A Preliminary Analysis Of Customary Law In Ghana

In recent years, China obtained the enormous development with Ghana's trade, at the same time, the desire further understood between both countries was also more intense. As for us that, it is one kind of the methods that extremely effectively understands the Ghana history and the modern society to Ghana customary law seeking. But, we know the Ghana's customary law papers and works extremely deficient, therefore conduct the research to the Ghana customary law to have the necessity of the reality.Ghana once was Africa's ancient nation, has the glorious history and the unique cultural tradition, afterwards degenerated into the English colony, became independently the country which ruled by the black in 1957. The traditional ideas and the historical factor enable the Ghana law system to have two remarkable characteristics: First,the English law has had the huge influence to the Ghana law system development; Second, Ghana law system complexity. Therefore, the Ghana society then is foreward in the traditional customary law and the English common law mutual function.The Ghana customary law took the Ghana native legal system, its content involves the aspects of Ghana people lives, is the Ghana society's main operation rule. The Ghana customary law mainly includes the chief system customary law, the marital customary law, the family and inherits customary law, property rights customary law, creditor's rights customary law, and these content nearly constituted the Ghana social life complete.After Ghana degenerated into the English colony, the English ruler transplanted the common law into Ghana by the way of indirect rule, the English common law and the principle of equity were accepted and retained in Ghana after independence. As a result of historical and the cultural reason, the traditional customary law and the English common law all have respective applicable scope, when the two rules are both potentially applicable to the same set of facts, the legal conflict question can produce. The conflict of laws is often solved by the written rules of the choice of law which regulates the courts applying the customary law and the recognition and application of customary law. In unceasingly consummates under the law selective rule adjustment, the traditional customary law had the explicit rule limits with the English common law between applicable scope, thereupon they then peacefully discipline the Ghana society's human affairs operation in respective domain. A preliminary analysis of the Ghana customary law contents and the concerned legal system are made in this discourse on the basis of the domestic and foreign scholars'studies.