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    Doctrine of Factum Valet-2

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    Kumari Rimjhim
    The doctrine of factum valet in Hindu law states that a completed act or fact cannot be invalidated by hundreds of directory or non-mandatory texts. Directory texts provide recommendations or guidelines, whereas mandatory texts establish binding rules. According to this doctrine, if an act has been fully carried out, it will be considered valid even if it contradicts directory texts. However, the doctrine does not apply to acts that violate mandatory texts of Hindu law, as these set out binding rules that cannot be overridden by completing the act. The doctrine was applied by British courts in India on principles of equity and justice to validate transactions that contradicted directory texts but were treated as accomplished facts.

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    Doctrine of Factum Valet-2

    Uploaded by

    Kumari Rimjhim
    901 views2 pages
    The doctrine of factum valet in Hindu law states that a completed act or fact cannot be invalidated by hundreds of directory or non-mandatory texts. Directory texts provide recommendations or guidelines, whereas mandatory texts establish binding rules. According to this doctrine, if an act has been fully carried out, it will be considered valid even if it contradicts directory texts. However, the doctrine does not apply to acts that violate mandatory texts of Hindu law, as these set out binding rules that cannot be overridden by completing the act. The doctrine was applied by British courts in India on principles of equity and justice to validate transactions that contradicted directory texts but were treated as accomplished facts.

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    DOCTRINE OF FACTUM VALET-2

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    The doctrine of factum valet in Hindu law states that a completed act or fact cannot be invalidated by hundreds of directory or non-mandatory texts. Directory texts provide recommendations or guidelines, whereas mandatory texts establish binding rules. According to this doctrine, if an act has been fully carried out, it will be considered valid even if it contradicts directory texts. However, the doctrine does not apply to acts that violate mandatory texts of Hindu law, as these set out binding rules that cannot be overridden by completing the act. The doctrine was applied by British courts in India on principles of equity and justice to validate transactions that contradicted directory texts but were treated as accomplished facts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    901 views2 pages

    Doctrine of Factum Valet-2

    Uploaded by

    Kumari Rimjhim
    The doctrine of factum valet in Hindu law states that a completed act or fact cannot be invalidated by hundreds of directory or non-mandatory texts. Directory texts provide recommendations or guidelines, whereas mandatory texts establish binding rules. According to this doctrine, if an act has been fully carried out, it will be considered valid even if it contradicts directory texts. However, the doctrine does not apply to acts that violate mandatory texts of Hindu law, as these set out binding rules that cannot be overridden by completing the act. The doctrine was applied by British courts in India on principles of equity and justice to validate transactions that contradicted directory texts but were treated as accomplished facts.

    Copyright:

    © All Rights Reserved
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    DOCTRINE OF FACTUM VALET

    It is a doctrine of Hindu Law, which was originally enunciated by the author of the Dayabhaga,
    and also recognised by the followers of the Mitakshara, that a fact cannot be altered by a hundred
    texts. The texts referred to are directory texts, as opposed to mandatory texts.

    The maxim, therefore, means that if a fact is accomplished, i.e., if an act is done and finally
    completed, although it may contravene a hundred directory texts, the fact will nevertheless stand,
    and the act done will be deemed to be legal and binding. Thus, the mere fact that a transaction is
    condemned in the Smrities would not necessarily prove that it is void. The further question to be
    answered would be whether it is a legal condemnation or merely one which is moral.

    The corresponding maxim of the Roman Civil Law is factum valet quod fieri non debuit, which
    literally means that what ought not to be done become valid when done.

    The doctrine of factum valet was applied by the British Courts in India, whilst administering
    Hindu Law, on grounds of equity, justice and good conscience. Thus, this principle has been
    applied to validate the marriage of a girl who was given away in marriage by her mother, in
    violation of the text of Yajnavalkya, which confers a preferential right of giving away the bride
    to the father, on the ground that the text laid down only a moral precept.

    However, the doctrine applies only to directory, and not mandatory, texts. Thus, the principle of
    factum valet is ineffectual to cure an act done in contravention of a mandatory text. Thus, before
    the passing of the Hindu Marriage Act, the law regulating Hindu marriages was uncodified and
    governed mainly by the ancient texts.

    In those circumstances, it was held that the texts which prescribe rules for the guardian’s consent
    to the marriage are merely directory, and if a marriage was once performed and solemnised, it
    would be valid, although it may have taken place without the guardian’s consent.

    On the other hand, it has also been held that the non-observance of essential ceremonies of a
    marriage cannot be overlooked or cured by applying the doctrine of factum valet, as this is in
    contravention of the mandatory text of Hindu Law. (Deivanai v. Chidambaram, A.I.R. 1954
    Mad. 657)
    However, the ancient texts relating to the capacity to give and take in adoption and the capacity
    to be adopted are mandatory. Hence, an adoption in violation of these mandatory texts would be
    invalid and the doctrine of factum valet could not be invoked to validate such an adoption.
    (Lakshmappa v. Ramaya, 1875 12 Bom. H.C. 364)

    THESE NOTES ARE ONLY FOR REFERENCE. IT IS SUGGESTED TO GO


    THROUGH THE CLASS NOTES AND BOOKS ALSO.

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