DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.39769#0231
THE THIRD LECTURE. 205
>
should not be strained and forced. To do so would be
an abuse of Atidesha. Chud&moni says in his note
to sections 31-2-4 Dayabhaga : “Although this
property relates to the case of a superceded wife,
yet it may be so assumed in the present case also,
conformably with the rqaxim, that the sense of the
law, as ascertained in one instance is applicable in
others also, provided there be no impediment.” This
is an illustration of a practical application of the
principle of Atidesha to the general requirements of
the positive civil law. Another such illustration is
found in para 36, section 2 of the Dattakachandrika,
where the author applies to Dattaka sons, what
apparently only apply to the Kshetraja. J^nt where a
brother’s son is said to be equal to a son, and a
co-wife’s son is said to be equal to a son, all that is
meant is that for certain purposes, they are as beneficial,
as a son of the body.
»
The Prakriti (pattern) Yaga and the A ikriti (the
derived) Yaga must be of the same genus (samana).
Turning to the law of adoption, you will see that the
begotten son is to the adopted son as a Prakriti Yaga
is to its Vikriti. As regards the son there is a full
complement of rules as to his rights and status. There
are no such exhaustive rules regarding the adopted
son. But he is to be regarded as the reflection of a
son. The rules regarding the rights and status of a
son must apply to him by Atidesha, just as the rules
of the Prakriti Yaga apply to its Vikriti. But there ,
are limits to such application provided by express texts
in the shape of exceptions (Badha). This will be
explained later on, *
Application
of Atidesha
to the case of
the adopted
son.
>
should not be strained and forced. To do so would be
an abuse of Atidesha. Chud&moni says in his note
to sections 31-2-4 Dayabhaga : “Although this
property relates to the case of a superceded wife,
yet it may be so assumed in the present case also,
conformably with the rqaxim, that the sense of the
law, as ascertained in one instance is applicable in
others also, provided there be no impediment.” This
is an illustration of a practical application of the
principle of Atidesha to the general requirements of
the positive civil law. Another such illustration is
found in para 36, section 2 of the Dattakachandrika,
where the author applies to Dattaka sons, what
apparently only apply to the Kshetraja. J^nt where a
brother’s son is said to be equal to a son, and a
co-wife’s son is said to be equal to a son, all that is
meant is that for certain purposes, they are as beneficial,
as a son of the body.
»
The Prakriti (pattern) Yaga and the A ikriti (the
derived) Yaga must be of the same genus (samana).
Turning to the law of adoption, you will see that the
begotten son is to the adopted son as a Prakriti Yaga
is to its Vikriti. As regards the son there is a full
complement of rules as to his rights and status. There
are no such exhaustive rules regarding the adopted
son. But he is to be regarded as the reflection of a
son. The rules regarding the rights and status of a
son must apply to him by Atidesha, just as the rules
of the Prakriti Yaga apply to its Vikriti. But there ,
are limits to such application provided by express texts
in the shape of exceptions (Badha). This will be
explained later on, *
Application
of Atidesha
to the case of
the adopted
son.