Civil Law is a set of rules, procedures, regulations, and judicial precedents that aid in resolving non-criminal disputes. Here’s when you need civil lawyers in your corner.
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What are Civil Laws?
Meaning of Civil Law
The term civil law is derived from the ancient Roman term “jus civile,” which means “citizens’ law” and was used to refer to the Law enforced in Rome; it’s also known as Romano-Germanic Law.
Civil Law is a body of rules or a system of Law that deals with citizens’ civil or private rights rather than the general public. It is generally codified and is primarily concerned with personal relationships between two or more citizens.
The ideas in Corpus Juris Civilis then spread throughout Europe. Though not as influential as it once was, it continues to serve as the foundation for modern civil law systems worldwide.
Features of Civil Law
The following are the main characteristics of civil Law:
Concerning citizens’ private rights
Civil Law is solely concerned with citizens’ rights. It applies to any legal relationship or obligation dispute between two or more individuals or legal entities. It is enjoyed by citizens of a specific state that commands obedience through judicial processes. Civil Law seeks to function in two ways:
- Keep citizens’ rights from being violated, and
- In the event of an infringement, restore citizens’ rights.
Civil laws are almost always codified rules in India. A codified civil law comprises a series of articles in the form of general rules adaptable enough to be applied to specific situations.
The benefits of civil law codification are as follows:
- It increases the certainty of law in a legal system,
- It is clear and specified, as opposed to hazy customary laws, which increases citizens’ trust in the judiciary,
- It facilitates law study by allowing specific provisions to be easily and systematically remembered and applied; and
- It is easily adaptable to the changing needs of the state
The obligation of a person to compensate another person or his property is called civil liability. A citizen who commits civil wrong against another citizen is obligated to compensate the citizen who was wronged.
In civil Law, there is a one-to-one obligation to compensate. It is in contrast to criminal Law, in which the criminal is sentenced or fined for a crime that affects society.
The extent to which civil laws are applied may vary subjectively depending on the territory, citizens, etc.
Civil law branches in India
Civil Law is a vast body of law that covers many disputes involving citizens’ rights and obligations. Among the many branches of civil Law, some of the major ones are as follows:
Contract law is a civil law branch that governs, enforces, and interprets agreements involving exchanging goods, services, real estate, or money. It confers the contracting parties’ contractual rights and obligations and the remedies available to the injured party. The contract law also specifies how a person can obtain legal remedies.
The Indian Contracts Act, 1872, governs contract law in India and defines a contract as “an agreement enforceable by law” (Section 2(h)). The Indian Contract Act of 1872 establishes various contracts, such as bailment, indemnity, agency, etc. It also states whether or not a contract is valid, void, or voidable.
Property law is civil law’s branch that deals with citizens’ possessions and governs citizens’ rights to use or transfer their property and restrictions on using other people’s property.
Vehicles, furniture, stocks, and other moveable and tangible (or intangible) property are examples of personal property, whereas real property refers to immovables such as land, buildings, etc.
The Transfer of Property Act of 1882, the Indian Contract Act of 1872, the Indian Easement Act of 1882, and other statutes govern property law in India.
Family law governs the relationships and interactions between members of a specific family. It establishes the rights and liabilities of family members in matters such as divorce, marriage, adoption, and maintenance.
The Hindu Marriage Act of 1955, the Indian Christian Marriage Act of 1872, the Dissolution of Muslim Marriages Act of 1939, the Muslim Women (Protection of Rights on Divorce) Act of 2019, and other statutes govern family law in India.
A tort is a civil wrong committed by one person or entity against another that causes him bodily harm or property damage. Under civil tort law, the harmed party can seek restitution from the wrongdoer, and tort law is generally uncodified. Torts include trespass, negligence, defamation, and so on.
Cases handled under Civil Law
In general, there are four types of civil law cases:
A tort is a civil wrong committed by one person or entity against another that causes him bodily harm or property damage. Tort claims are classified as follows:
- Negligence: Negligently causing harm or damage;
- Intentional: Intentionally causing harm or damage.
- Strict liability: Causing injury or damage due to failure to keep something the wrongdoer possesses safe (or preventing it from escaping).
Tort claims include the following:
- Professional negligence,
- Animal attacks (e.g. dog bites),
- Defamation, etc.
Contractual claims arise when one or more parties fail to fulfil their contractual obligations. Examples of contractual breaches include:
- Disputes over the sale of property,
- Sale of a defective product,
- Non-payment of money,
- Violation of contractual conditions, etc.
Injunction suits are another name for equitable claims. Rather than receiving monetary compensation, these cases aim to prevent someone (either an individual or a legal entity) from performing a specific act. Equitable claims may end with the court ordering the wrongdoer to:
- Stop the action,
- Change the course of action, etc.
Class action claims
As the name implies, a class action claim is a lawsuit filed by a group of people who have been wronged. These kinds of claims are typically filed against corporations. A class action claim may arise, for example, when:
- A company sells hazardous products
- Someone defrauds a group of people.
How do I know if I need a civil lawyer?
If you’re considering filing a lawsuit, speak with civil litigation lawyers first. They understand what cases are likely to succeed and are familiar with the procedures and paperwork. Some cases are better handled through alternative dispute resolution, which a litigation advocate can advise you on.
If you’ve been fighting an uphill battle to resolve a dispute, a civil lawyer may be able to help. A civil lawyer aims to help you find justice while encouraging the other party to admit wrongdoing.
Why hire a civil lawyer?
Civil law firms or lawyers aren’t just concerned with redressing national wrongs. They also work to right the ship when it comes to personal injustices. A civil lawyer is typically involved in cases involving:
- Personal injury
- Workers Compensation
They also practice civil rights, business, and personal injury law. In many other cases, lawyers are available to advise those dealing with complicated procedures.
How can a lawyer help?
Civil lawyers play critical roles in civil cases. Their primary responsibility is to gather the evidence needed to present your side of the story to the opposing party and, in some cases, the judge. Because of their experience working on these cases, they find evidence that you may not even consider.
Their goal isn’t just to prove what happened but also to explain why it happened so that it doesn’t happen again.
A civil lawyer listens to your side of the story and how you want to present yourself to the opposition while gathering evidence. In this sense, civil lawyers provide more than criminal or district advocates, and those advocates are more concerned with punishing wrongdoing than meeting your needs.
Finally, a civil lawsuit seeks justice for you rather than punishment for the other party.
Services our professional team of civil lawyers provide
- Appearance before various competent authorities in all commercial and civil proceedings,
- Drafting and submitting multiple documentation, such as deeds, plaints, and applications
- Property-related documentation, such as sale deeds and memorandums of understanding.
- Filing trademark and copyright applications, as well as handling trademark litigation in various courts
- Negotiate settlements in legal cases, property disputes, and so on.
- Family Law, Constitutional Law, Service Law, Company Law, Insolvency, Banking and Finance Law, Wills and Probate, etc
- Keep our clients updated on any changes or updates to the Law.
Kaleeyantey law firm has extensive knowledge and experience in assisting clients with civil laws. We have achieved positive outcomes for our clients.
You can contact us on the below details:
C/o Parsiana, K. K. (Navsari) Chambers, 39B, Ground Floor, Opp. St. Cathedral School side entrance, AmritKeshavNayak Road, Fort, Mumbai 400001.
No 61, Thapar Complex, Sector 15, Near Arcee Electronics, Behind New CBD Belapur Court, CBD Belapur 400614.