Classifications of Civil Law

byAdvocate Ikyan Shah •
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Classifications of Civil Law



Classifications of Civil Law


1) Introduction

Civil law is a law of the state which is related to private and civilian affairs and it deals with violations and their remedies. The study of civil law started in the Roman age. However, the advocates of the institution must never give up the struggle to define law. Civil law is a law of the state which is related to private and civilian affairs but different from international law. The 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 with disputes between individuals in different matters such as property matters, 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 within the country and these are those legal rules whose judicial notice can be taken by the courts

A. Types of general law


The following are three types of general law.

a) Statute


Statute law is written law which is approved by legislatures, parliaments or elected members of the assembly.

b) Equity

It is a branch of law when a 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 based on customs 

 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. It is enforceable by the courts and courts can take legal action but courts will not apply these rules as general rules

Explanation


The court may not or usually does not know, what a particular custom is prevailing currently The parties have to prove such kind of customs if they rely upon 

B. Types of 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 a 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 the 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 law


Conventional law is the mutual agreement of the parties It may be 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 has internal rules and regulations to control their subordinates.

6. Martial law


Martial law is such law which is administered in military courts  It is elevated in an emergency when civilian agencies are unable to maintain public order or safety .it has three kinds:

  1. It is the law for the discipline and control of the Army itself, which is known as Military Law
  2. In times of war, the law by which the Army governs occupied territory
  3. The law which in times of war or other emergency, the army governs the state itself

7. Mercantile customs


Mercantile law is such law which deals with the commercial activities of the people of a country Mercantile law consists of rights and duties which is imposed by the state on traders

8. International law as administrated in Prize courts


Prize court which makes decisions on the distribution of enemy ships, cargo and vehicles captured in the times of war.  Prize courts decide whether such a caption is lawful or not. Also, courts decided whether the captioned item was to be distributed or returned to its owner

5)Conclusion


Both General and special law are an integral part of civil law. In General law, the court is bound to take judicial notice. In special law, the court is not bound to take judicial notice. Judicial notice enables a judge to accept a fact without proving it through evidence

Ikyan Shah (Advocate High Court)
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