Civil Law - All About It

All continents and over 60% of the world's are home to civil law systems, sometimes known as continental or Romano-Germanic legal systems. They are based on ideas, classifications, and regulations that originated in Roman law; canon law also had considerable effect, and local customs and culture occasionally enhanced or altered them. Despite becoming secularized throughout time and emphasizing individual freedom, the civil law tradition encourages human collaboration.

What the civil law is?

• A thorough set of guidelines and precepts that are typically organized into codes and are understandable to the public and legal professionals
• A systematic framework based on a dynamic and logical taxonomy that has its roots in Roman law and is reflected in the form of the codes, which encourages cooperation, predictability, and order.
• A flexible system where generic provisions that allow for change are included in civil codes and avoid undue detail
• A system that is mostly legislative in nature, but that allows the courts to use creative jurisprudence and interpretation to adapt laws to new demands and societal changes

Difference between Civil Law and Criminal Law

The differences between criminal and civil law is provided in this section. The body of rules, processes, court precedents, and regulations that make up Civil Law aid in the resolution of a variety of non-criminal problems. Crimes, including offense and misbehavior, are governed by criminal law. The following explanation of the differences between criminal and civil law might aid readers in better understanding the fundamentals and being fully aware of their similarities.

Branches of Civil Law

Civil law is a vast area of law that deals with a wide range of conflicts involving people' rights and duties. A few of the branches of civil law are as follows:

Contract Law

Contract law is a division of civil law that deals with the regulation, enforcement, and interpretation of contracts pertaining to the transfer of products, services, assets, or money. It gives the harmed party access to remedies in addition to the contractual rights and responsibilities of the contracting parties. The methods by which remedies may be pursued are also outlined in contract law.

The Indian Contracts Act, 1872 is the law that governs contract law in India. Section 2(h) of the Act defines a contract as "an agreement enforceable by law." A number of different contract kinds, including bailment, indemnity, agency, and others, are included in the Indian Contract Act of 1872. Additionally, it indicates when a contract is invalid, voidable, or valid.

Property Law

The area of civil law that deals with people' property is called property law. It sets down the limitations that apply to people with regard to the property of others as well as their rights regarding the use or transfer of their own property. Real and personal property are the two main categories of property. Moveable and physical (or intangible) assets like cars, furniture, stocks, and so forth are referred to as personal property. The term "real property" describes immovable assets such as buildings, land, etc. The Transfer of Property Act of 1882, the Indian Contract Act of 1872, the Indian Easement Act of 1882, and other laws are some of the ones that govern property law in India.

Family Law

Family law regulates the relationships and exchanges between members of a certain family. It outlines the responsibilities and rights of family members with regard to adoption, divorce, maintenance, and other matters. The Indian Christian Marriage Act of 1872, the Hindu Marriage Act of 1955, the Muslim Women (Protection of Rights on Divorce) Act of 2019, the Dissolution of Muslim Marriages Act of 1939, and other laws are the few that regulates family law in India.

Tort Law

A tort is essentially a civil wrong committed against another person or thing that causes that other person's property to be damaged or injured. The harmed person may sue the perpetrator for damages under civil tort law. Tort law is usually not codified. Torts include things like trespassing, carelessness, slander, etc.

Corporate Law

The rights and obligations pertaining to the operations of corporate entities, or firms, are governed by corporate laws. The corporate section of civil law governs a company's establishment, dissolution, investments, and other activities. The Indian Partnership Act of 1932, the Sale of Goods Act of 1930, and the Companies Act of 1956 are a few legislation that deals with corporate law.

Administrative Law

Ivor Jennings contends that administrative law establishes the structure, authority, and responsibilities of administrative authorities. It has to do with how the government's executive branch operates. Although there are specialized courts or tribunals for disputes pertaining to administrative law, it is often not codified.

Five Common Types of Civil Cases

Criminal and civil litigation differ primarily in that in the former, the parties are not pursuing criminal charges; instead, one or both of them are seeking monetary damages or other forms of compensation. In criminal cases, the prosecution often represents the state; but, in civil cases, both parties represent themselves with the assistance of a legal counsel or civil litigation counsel. A handful of the most common categories of civil court cases are listed below.

Contract Disputes

When one or more parties to a contract are unable or unwilling to carry out their end of the bargain, a contract conflict arises. Sometimes this happens because a contract is drafted in such a way that the signers have different expectations, but more often than not, this happens because one party overextends itself and lacks the resources—either financial or human—to carry out their half of the bargain.

Property Disputes

Property law deals with ownership disputes and harm to an individual's real estate or property. Property conflicts come in many different forms, which a civil litigation lawyer may manage. Property line conflicts are a common one, when one party claims that the other breached the boundary between their two residences for the purpose of planting or constructing.

Torts

A tort is a civil lawsuit in which one party claims the other injured them mentally or physically. Tort lawsuits might include a person's financial security, physical safety, or the protection of their property. They can also take many various forms. Assault or violence lawsuits, as well as negligence cases where one party claims a caregiver failed to do their assigned task, are common torts connected to accidents and injuries.

Class Action Cases

Class action lawsuits bear similarities to tort cases, with the exception that the prosecution in these instances is representing a class of individuals who have all suffered from the same injury. These frequently occur when dangerous materials are exposed to or defective items are used, and the faulty item injures several individuals before it is recalled.

Complaints against the City

In most circumstances, complaints against the federal or local government are resolved out of court; nevertheless, if the government is unwilling to negotiate, the complaints are often heard as civil proceedings. Any situation where the plaintiff claims that a city policy or ordinance has harmed its residents may give rise to one of these lawsuits.

There is many more civil law, and occasionally a criminal case that has not gone well for the prosecution will be followed up with a civil action.

Reliefs and Remedies under Civil Law

The restoration of the party whose rights have been violated is the only goal of launching a civil lawsuit. A number of different solutions can aid in the healing process, and the harmed party can receive relief. According to the laws in effect in India, the appropriate court or tribunal with authority to consider the case will provide such relief. Under civil law, a person that has been wronged generally has access to four different sorts of remedies. These include declarations, injunctions, specific performance, and monetary damages.

Monetary relief

The provision of monetary recompense to the individual who has been harmed by the defendant's actions is known as monetary relief. Payment of compensatory damages, liquidated damages, nominal damages, incidental losses, consequential damages, etc. is a component of monetary relief.

Specific performance

Specific performance of the contract refers to the enforcement of legal liability against the defendant for the acts that they have neglected to execute. With this remedy, the defendant is ordered by the court to fulfill the portion of the duty that they were unable to fulfill. The lawsuit was started as a result of this performance deficiency. This remedy is frequently offered to parties that have contracts in place but one of the parties has neglected to fulfill his or her obligations.

Injunction

It is the remedy in which the defendant is forbidden from carrying out a certain action. There are two types of injunctions: temporary and permanent. A permanent injunction prevents the party from acting for all time, whereas an interim injunction is issued and is in force while the case is still before the court.

Declarations

The court establishes a person's rights over the moveable or immovable party under this remedy. The judgment rendered by the court is final and binding on all parties. The court makes a statement outlining each party's obligations and rights in the lawsuit. In this case, the court just establishes the parties' rights and obligations; it makes no particular orders about compensation or job performance.

FAQ's