The common law of Sri Lanka and its historical evolution
Sri Lanka has a mixed legal system: Roman-Dutch law is the general (common) law, English law governs many commercial matters, and personal laws apply to some groups.
Two meanings of 'common law'
In England, common law means law developed by judges through decided cases, as opposed to statute. In Sri Lanka, the phrase usually means Roman-Dutch law: the general (residuary) law that applies whenever no statute and no personal law covers a matter. Roman-Dutch law is a blend of Roman law and the customs of Holland, explained in the works of jurists such as Grotius and Voet. It still governs much of the law of contract, delict (civil wrongs), property and family matters. That is why a Sri Lankan contract can be binding without English-style consideration: Roman-Dutch law asks for a serious intention (causa) instead.
How the Sri Lankan legal system evolved
Each ruler added a layer without removing the older ones. The result is a mixed (hybrid) legal system.
How English law came in
So a business law question in Sri Lanka often starts by asking: is this a Roman-Dutch matter or an English-law matter?
Sources of Sri Lankan law today
| Source | What it is | Business example |
|---|---|---|
| The Constitution | Supreme law; sets up the State and fundamental rights | Freedom to engage in a lawful trade, business or occupation |
| Legislation | Acts of Parliament, older Ordinances, regulations, by-laws | Companies Act No. 7 of 2007; Shop and Office Employees Act |
| Judicial precedent | Decisions of higher courts bind lower courts (stare decisis) | A Supreme Court ruling on dismissal guides Labour Tribunals |
| Roman-Dutch law | The general (common) law | Rules on contract, causa, delict and property |
| English law | Received by statute and practice in commercial matters | Partnership, agency, banking, insurance |
| Custom and personal laws | Kandyan law, Thesawalamai, Muslim law | Inheritance of a family business |
The courts, from top to bottom
- Supreme Court: the highest court; final appeals and fundamental rights cases.
- Court of Appeal: hears appeals and writ applications.
- High Courts: serious criminal cases, provincial High Courts, and the Commercial High Court for large commercial disputes.
- District Courts: the main civil courts of first instance (contract, land, money claims).
- Magistrates' Courts: most criminal cases of first instance.
- Special bodies: Labour Tribunals for employment disputes; Quazi courts for Muslim marriage and divorce.
When a Colombo trading company appoints a sales agent, English law on principals and agents applies through the Civil Law Ordinance. When the same company buys land for a warehouse, Roman-Dutch law applies, and the deed must be notarially attested under the Prevention of Frauds Ordinance.
Short answer: “What is meant by the common law of Sri Lanka?” Roman-Dutch law, the general law that applies when no statute or personal law covers a matter.
Structured question: “Explain how English law was introduced into Sri Lanka.” British rule from 1796; the Civil Law Ordinance (1852) for partnerships, corporations, banking, agency, carriers and insurance; statutes modelled on English Acts; English-trained judges and persuasive English cases.
Essay: “Trace the historical evolution of the Sri Lankan legal system.” Customary law, Portuguese, Dutch (Roman-Dutch law), British (English law, Kandyan law kept), independence and the Constitution; end with today's sources of law and the mixed system.
C-P-D-B-I: Customary kings, Portuguese (1505), Dutch (1658, Roman-Dutch law), British (1796, English law), Independence (1948).