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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

प्रसंविदा – INFLUENCE OF INDIAN TEXTS ON CONTRACTUAL OBLIGATIONS: A COMPARATIVE ANALYSIS – Prachi Sai & Rahul Arvind

ABSTRACT:

Religion is a belief in God or Gods that puts in motion the beliefs and practices prescribed and followed by that particular community.[1] Indian text Dharmaśāstrais an evolution of Dharmaśutra based on the teachings proclaimed in Vedas, one of the oldest texts of Hinduism. Law and Religion are interwoven to the depths of our history, and one cannot exist independently. The analysis of these principles that are influencing contractual obligations and the relevance of these principles in the current coeval times and the enormous ascendancy that has been carved into the existing modern laws, which depict show our laws have an essence of history and culture that is being put forth.

In modern times, one needs to remember their roots and the teachings that are inculcated in the existing and incorporated in existing laws. The concept of Dharma has permeated modern laws and continues to have a strong grip on the same, the ancient legal system is based mostly on the principles of dharma, truth, and justice, which regulates the lives of a majority of individuals in our country from resolving conflicts to marital life. It is of knowledge to the majority of individuals that the Indian Contract Act of 1872 was drafted and enforced by the British, but it is not an element of revelation that there existed a concept of contract in Indian history that cannot be overseen.

Innumerable examples exist to prove the same a few of them described here, in the Mahabharata there is a verse:

[1]Collins English Dictionary, ‘Religion’ (Collins,2023) https://www.collinsdictionary.com/dictionary/english/religion