·
Civil law is a law of state
which is related to private and civilian affairs and it deals with in
violations and their remedies. The study of civil law started from Roman’s age.
But the advocates of the institution must never give up the struggle to define
law. Civil law is a law of state which is related to private and civilian
affairs but different from
international law. Body of civil law can be divided into two parts, general and
special law. General law consists of the general law of the land . Special law
consists of certain legal rules which are so special in their nature for a
particular area
2) Literal Meaning of Civil Law
·
The part of the legal
system which deals with personal matters, such
as marriage and property matters, rather than crime
3) Definition of Civil law
·
Civil law is a body of
rules established by a state, which deals with private rights and remedies, and deals disputes
between individuals in different matters
such as property matters, and family matters etc.
4) Classification of Civil law
Civil law has been classified
into two following categories. Details are as under:
1. General law
·
The general law of a
country is a territorial law , which applies to all persons, acts, and events with in the country and these
are those legal rules whose judicial notice can be taken by the courts
A. Types general law
Following are three types of
general law.
a)
Statute
·
Statute law is written law
which is approved by legislatures, parliaments or elected members of assembly.
b) Equity
·
It is a branch of law, when
plaintiff goes to the King and complains about the inflexibility of rules of
law which prevented "justice" from
prevailing.
c) Common law
·
Common law is written law
which has been approved by Judges or judicial precedents and it applies on the
basis of customs
Ø Examples
· Examples of general law are the law of contract
· Or the Pakistan Penal Code.
2. Special law
·
Special law is not a territorial
law and it does not apply throughout the country. But it is enforceable by the
courts and court can take legal action but courts will not apply these rules as
a general rules
Ø Explanation
·
The court may not or
usually it does not know ,what a particular custom is prevailed current
· The parties have to prove such kind of customs if they rely upon
B. Types special law
Following are the six kinds of
special law. Details are as under:
i. Local law
· Local law is the law of the
locality and not general law of the country
It has two types
A.
Local customary law
· Local customary law is such law which has been derived from old customs
prevailed in the particular
locality of the state
B.
Enacted law
· Enacted law is such law which has been enacted by the local
persons of the state
3. The conflict of laws
· The conflict of laws is also known as Foreign law
·
For requirement of justice
,courts sometimes apply a rule of foreign law to determine the rights and duties
·
This is a branch of law
which resolves cases which have an element of conflicting foreign law.
4. Conventional (Riwayeeti) law
· Conventional law is the mutual agreement of the parties
·
It may between two states,
nations, or companies such agreement is law only for the parties not for other peoples
5. Autonomic law
·
Autonomic law is such law
which has been legislated by a private company, university or other entity and
such legislation having internal rules and regulations in order to control
their subordinates.
6. Martial law
· Martial law is such law which is administered in military courts
·
It is elevated in emergency
when civilian agencies unable to maintain public order or safety .it has of
three kinds:
1. It is the law for the discipline and control of the Army itself
,which is known as Military Law
2.
In the times of war, the
law by which Army governs on occupied territory
3. The law which in times of war or other emergency ,the army
governs the state itself
7. Mercantile customs
·
The Mercantile law is such
law which deals with commercial activities of the people of a country
·
Mercantile law is consisted
on rights and duties which is imposed by the state on traders
8. International law as administrated in Prize courts
·
Prize court which makes
decision on the distribution of enemy ships, cargo and vehicles captured in the
times of war.
·
Prize courts decide whether
such caption was lawful or not. As well as courts decided whether captioned
item to be distributed or returned to its owner
5) Preclude
·
Both General and special
law are the integral part of civil law. In General law court is bound to take
judicial notice. In special law court is not bound to take judicial notice.
Judicial notice enables a judge to accept a fact without proving it through evidence
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