Nauruan Law - Common Law and Equity

Common Law and Equity

The Constitution makes no reference to common law. However, article 4 of the Custom and Adopted Laws Act 1971 stipulates that "the common law and the statutes of general application which were in force in England on the thirty-first day of January, 1968, are hereby adopted as laws of Nauru"; that "he principles and rules of equity which were in force in England on the thirty-first day of January, 1968, are hereby adopted as the principles and rules of equity in Nauru"; and that "in every civil cause or matter instituted in any Court law and equity shall be administered concurrently". Art.5 specifies that English common law applies only insofar as it is "not repugnant to or inconsistent with the provisions" of any statute law applied in Nauru.

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