Generalities of the Civil Law
Civil law is responsible for regulating all personal and property relationships that arise between individuals. However, said relationships may be affected by different circumstances such as the breach of a contract or obligation, the dispute over the ownership or possession of real or personal property, etc.
Civil Law systems, are found on all continents and cover about 60% of the world. They are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The Civil Law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings.
In their technical, narrow sense, describe the law that pertains to persons, things, and relationships that develop among them, excluding not only criminal law but also commercial law, labor law, etc. With the French Code civil and the German being the most influential civil codes.
Also, we knew, as private law, regulates disputes between private individuals or entities. It is thus different to cases dealing with matters between individuals and the state. Public law and criminal law. Civil law deals with issues such as personal injury, contracts, property, inheritance and family law.
Kind of Civil Law
The fundamental aim of Law is to deliver justice. The magnitude of different offenses decides the level of punishment. Broadly, there are two categories of Law, namely, Civil Law and Criminal Law. Civil Law deals with cases where wrong is done against a particular individual. Criminal Law includes matters of offense against society at large.
The most common civil wrongs are Negligence and breach of contract, murder, rape, etc. Civil Law is one of the codified sets of legal rules, having its roots in Europe. The core principles are drafted, forming the primary source of Law. Common-Law systems come from legal principles that are judge-made laws. These precedents have authority. The concept of civil justice has existed for ages.
Some salient features of the Civil Law
- Clears expression of rights and duties so that remedies are self-evident.
- Shows simplicity and accessibility to the citizen, at least in those jurisdictions where it is codified.
- Must advance disclosure of rules, silence in the code to be filled based on equity, general principles, and the spirit of the law.
- Is a richly developed and to some extent transnational academic doctrine, inspiring the legislature and the judiciary.
Branches of Civil Laws
Within civil society, disagreements between human beings and institutions are understandable. Civil laws are, thus, formed to establish an impartial dispute resolving judicial machinery. A few of them are well-defined and codified, and the remaining are based upon the precedents.
The Civil Law Essential Features of the System
1) Civil Laws are a codified set of legal rules.
2) The codified Law bears a binding for all. There is little scope for judge-made law in civil courts. Yet, looking into the practical aspect, the judges follow the precedents.
3) Writings of the Legal Scholars do have a substantial influence on the courts.
Branches of Civil Laws
Within civil society, disagreements between human beings and institutions are understandable. Civil laws are, thus, formed to establish an impartial dispute resolving judicial machinery. Civil Laws have a vast scope. A few of them are well-defined and codified, and the remaining are based upon the precedents.
Systems
Privacy
The privacy regulatory system determines how personal information is to be treated through its lifecycle from collection to destruction. It applies to both private and public agencies and ensures that these agencies treat personal information appropriately. It gives people ways of accessing and correcting their personal information, and a complaints process if they think their privacy has been breached.
Tort
Torts are common law actions where a person seeks compensation for harm caused by a wrongful act. Some aspects of the tort system have been enacted into legislation. This system sets out rules for apportioning liability. It deals with some specific aspects of the tort of negligence, and with defamation.
