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Periodical article | Leiden University catalogue | WorldCat |
Title: | Accountability of the head of family in Ghana: a statutory solution in search of a problem |
Author: | Kludze, A.K.P. |
Year: | 1987 |
Periodical: | Journal of African Law |
Volume: | 31 |
Issue: | 1-2 |
Pages: | 107-118 |
Language: | English |
Geographic term: | Ghana |
Subjects: | liability family Cultural Roles Family Life Law, Legal Issues, and Human Rights |
Abstract: | With the merit of clarity in declaring that the head of family is liable to account for family property under his management, the Head of Family (Accountability) Law, 1985, is a bold effort at legislative reform of the law in Ghana. However, it is merely declaratory of what has all along been the true and correct rule of practised customary law. The procedural immunity of the courts and of the judicial customary law never implied substantive immunity to account. Therefore, the enactment of the 1985 Law has not significantly changed the existing rules, and to this extent, it addresses a problem which does not properly exist under the customary law. The real problem of the law consists of the machinery and procedures for enforcing in the statutory courts the customary law liability of the head of family, including the rules and procedures governing the right to sue, and the difficult practical problems of enforcement of orders for account. Note, ref. |