The Civil code: A Safety Net In a Common Law Jurisdiction (Saint Lucia)
Hypothesis:
How the Civil Code of Saint Lucia Revised Laws, Cap. 4.01 safeguards against the monopolization of the Queen’s Chain, Use of and Access to the resources of the Sea. Saint Lucia is a unique hybrid jurisdiction of French Civil codification, and the English Common law system.
– use of & access to the resources of the sea;
– ensures equitable use & benefits (fishers, recreation, religious, patrimony)
– protection to some extent, against the land & resource hoarding by the hotelier;
– no enclaves;
– no State within a State;
– anti development? slow development?
– Emphyteusis, Articles 513-516 of the Civil Code as a tool. Who benefits?
Methodology:
Examine the national Common law legislation as it relates to the Queen’s Chain, as a mechanism of balance / counter balance for continued growth, equitable access to, use and enjoyment of the natural resources of the Queen’s Chain and the Sea.
Civil Code of Saint Lucia, Revised Laws, Cap. 4.01. Articles 513, 514, 515, 516 on Emphyteusis. Articles 530, 531 General Provisions; Article 2077 on the ‘Cinquante Pas de la Reine’, sea-beaches, etc.
National Common Law legislation:
– Crown Lands Act. Cap. 5.02 of the Revised Laws of Saint Lucia, sec 4 (b) (d), sec 5
– Land Registration Act, Cap. 5.01 of the Revised Laws of Saint Lucia, sec 26, 44 (leases), sec 26, 46
– Land Acquisition Act, Cap 5.04 of the Revised Laws of Saint Lucia, sec 3(1)
– Land Adjudication Act, Cap. 5.06 of the Revised Laws of Saint Lucia, sec 8
– Minerals Act, Cap. 5.08 of the Revised Laws of Saint Lucia, sec 3, 4
– Land Conservation and Improvement Act, Cap. 5.10, sec.12
– Beach Protection Act, Cap. 6.04, sec. 13
– Physical Planning & Development Act , Cap. 5.12, sec 23, 32
See High Court Case:
Caplan v Du Boulay SLUHCV1999/0029, para 27
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