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Airtract Vanita Manohar Professional Overthinker

What is civil law? All your questions answered! 16 April, 2019   

Civil law is one of the most important parts in the legislature of any country. Civil laws set by the government deals with all the non-criminal affairs in the judicial system. It has a very diverse meaning which changes from county to country.

The question ‘what is civil law' is very popular. It is the set of rules and regulations that are set up by the government of the country to deal with its both non-criminal and criminal issues. The term ‘Civil Law' is used to accumulate all the laws which are made for the rights of humans and government interaction terms.

Now that you have understood what is civil law? Let us further look into the factors which deal with civil laws: 

Law of property:  these are the rules and regulations made by the government that sees that there should be no case or problem regarding any case of theft and vandalism. This means all the cases about burglary and robbery that happen in one's property are to be treated as per the rules of civil law, and the cases will be examined in the civil court.

• Quasi-Contracts: A quasi-contract or a constructive contract is an intangible contract that is recognized by the law and the court. Thus, any party entered into a quasi-contract with another is to follow the rules and regulations laid down by the civil court and government of the country. This concept has been succeeded down to our era from the times of Romans and is still a concept that has a nature of changing every once in a while.

• Civil wrongs: Civil wrongs are those breaches of contract that are done by individuals or a group of people who are involved in some issue that violates the law. These include Tort, Breach of trust, Breach of Contract and such similar things. These all are entertained by the civil court and bound by the civil laws. So, if any party in the contract indulges in breach, then they are bound to answer to civil judges, and the cases will be followed by a civil lawyer.

Branches of Civil Law

As explained earlier, civil law is a much broad term and has too much aspect that easily defines its might. Civil law is not just any regular segment of the judicial system. Its existence overshadows most of the other fellow law. Now, to further move on with the question of ‘what is civil law,' here are the branches of civil law:

On the primary basis, Civil Law is divided into two branches, namely, Substantive Law and Procedural Civil Law.

Substantive Law: the Substantive law is the set of rules and regulations that lay down the groundwork of how to judge if something is legal or not when it comes to social behavior, defining human rights and things similar to these. Following are the subsets of Substantive law which will help us to answer ‘what is civil law' in a better manner.


    o Art and culture: these rules and guidelines ensure the consumers' safety and well-being that is in the mutual     contract between other parties regarding art. Also, any cultural dispute is also entertained according to these.


    o Civil rights: these are the rights that protect the public. Individual get help to let them know about the things that     they have right of such as claim and liberty rights, natural and legal rights, individual and group rights, negative and     positive rights and many more.


    o Commercial Law: Commercial Law is that area of Business Law that deals with the behaviour, relations and     conducts between any business and an individual. Both parties should be related to each other concerning commerce     or monetary exchange.


    o Contract law: Any employment begins with a contract and if there's not one then certainly it is not a legal entity.     From buying houses and bikes to purchasing something as common as car insurance; it comes under the study of     Contract Law. Some major aspects of Contract Law include Formation of a Contract, Terms, and conditions of a     contract, Discharge and Vitiating Factors, etc.



    o Labour Law: Labour or Employment Law is the guidelines that led us to a better employer and employee     relationship. These help the companies and Labour union to communicate and work in peace and harmony. It     mediates between elements like workers, trade unions, Government, employing and placement entities.


    o Environmental Law: These laws are made to protect the environment by limiting the industries usage of natural     resources. They look over issues like air pollution, water pollution, and all the other environmental issues. They make     sure that no one crosses the guidelines in any manner and penalize those who breach these regulations.



    o Family Law: Family Law is also known as Matrimonial Law comes under civil law. This law speaks upon the topic of     family disputes and many other similar things. Technically speaking, these laws are the foundation on which marriage     registrar's work and domestic relations are formed.


    o Property Law: this is all about how the ownership of any land or property should be kept, bought or sold.  This law is     solely for the sake of Real estate and personal possessions. Three sub-categories to it are:

         Cultural property law

         Trust Law

         Intellectual Property Law

    

    o Tort Law: one of the most important parts of civil law is Tort Law. It defines what a legal injury is and how and on     what reasons can a person be held liable for an Injury. These are not limited to just physical injuries. Tort Law includes     economic, emotional, and reputational injuries as well.


Procedural Law: these are the rules of the Court, or we can say that on the grounds of these civil courts work. Procedural laws draw all the rules and regulations that define as for what will happen in the case of lawsuit, criminal, civil or administrative proceedings. It also covers the areas that are left by substantial Law such as, rights to information, rights to public administration and access to justice.

So, this is all you have to know when you think of ‘what is civil law.' Although it is a very complicated concept, it becomes easy as soon as you start to connect it with the terms of real life.

Despite the facts that the number of subparts of Civil law is less than several other Law, it is still the biggest part of the legislation and covers some of the most important parts of the legislature too.

This article on ‘what is civil law’ gives you a brief idea on the topic. It also covered the topic of how behavior plays an important role in the eyes of the law. All the cases that come under the Civil law are entertained in the civil court whether it is between two individuals or two groups or an Individual against a governmental body.


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