Civil law (area)
Encyclopedia
Civil law in continental law (civil law in broader sense) is a branch (body) of law which is the general part of private law
.
The basis for civil law lies in a civil code
. Before enacting of code
s, civil law could not be distinguished from private law. After that some special areas of private law began to develop, such as commercial law
(in 17th century) and labour law
(in 19th century).
Civil law itself has the general part. It consists of capacity
and status
.
:
There are usually no trusts
in the civil law.
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
.
The basis for civil law lies in a civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
. Before enacting of code
Code (law)
A code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in common law and civil law...
s, civil law could not be distinguished from private law. After that some special areas of private law began to develop, such as commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
(in 17th century) and labour law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
(in 19th century).
Civil law itself has the general part. It consists of capacity
Capacity (law)
The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will...
and status
Status (law)
A person's status is a set of social conditions or relationships created and vested in an individual by an act of law rather than by the consensual acts of the parties, and it is in rem, i.e. these conditions must be recognised by the world. It is the qualities of universality and permanence that...
.
Comparison with common law
Civil law corresponds of these areas of Common LawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
:
- FamilyFamily lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
- PropertyProperty lawProperty law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
- WillsWill (law)A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
- ContractContractA contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s - TortTortA tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s
There are usually no trusts
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
in the civil law.
Special areas of private law which are not the parts of civil law
- Commercial lawCommercial lawCommercial law is the body of law that governs business and commercial transactions...
- Labour lawLabour lawLabour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
- Conflict of lawsConflict of lawsConflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
Czech civil law textbooks
sorted chronologically- Jan Krčmář: Obligace ze smluv a příbuzných skutečností. Scriptum. Všehrd, Praha 1919, 126 pp.
- Jan Krčmář: Obligace. Část zvláštní. Scriptum. Všehrd, Praha 1921, 2. ed., 126 pp.
- Jaromír Sedláček: Obligační právo II. Speciální ustanovení o jednotlivých typech smluvních. Československý akademický spolek Právník, Brno 1926, 195 pp.
- Jan Krčmář: Právo občanské III. Právo obligační. Všehrd, Praha 1929, 340 pp.
- Jan Krčmář: Právo občanské III. Právo obligační. Všehrd, Praha 1932, 2. ed., 364 pp.
- Viktor Knapp et al.: Učebnice občanského a rodinného práva II. Orbis, Praha 1954, 403 pp.
- Viktor Knapp, Karol Plank, Zdeněk Kratochvíl et al.: Učebnice československého občanského práva I - II. Orbis, Praha 1965, 1040 pp.
- Viktor Knapp, Štefan Luby: Československé občanské právo I - II. Orbis, Praha 1974, 2. ed., 1244 pp.
- Jiří Švestka et al.: Československé občanské právo. Scriptum. SPN, Praha 1979, 288 pp.
- Jiří Švestka et al.: Československé občanské právo I - II. Scriptum. UK, Praha 1982, 2. ed, 442 pp.
- Ján Lazar, Jiří Švestka et al.: Občanské právo hmotné I - II. Panorama, Praha 1987, 808 pp.
- Josef Fiala et al.: Občanské právo 1. Doplněk, Brno s. d. [1994], 2. ed., 394 pp.
- Viktor Knapp, Ludvík Kopáč, Jiří Mikeš, Jiří Švestka et al.: Občanské právo hmotné I - II. Codex, Praha 1995, 803 pp.
Portugal
- ALVES, José Carlos Moreira A Parte Geral do Projeto do Código Civil brasileiro – subsídios históricos para o novo Código Civil brasileiro São Paulo: Editora Saraiva, 2003
- AMARAL, Francisco Direito Civil – Introdução Rio de Janeiro: Renovar, 2006
- ASCENSÃO, José de Oliveira Introdução à ciência do Direito 3 ed Rio de Janeiro: Renovar, 2005
- BITTAR, Carlos Alberto O Direito Civil na Constituição de 1988 São Paulo: RT, 1990
- BOBBIO, Norberto Teoria do ordenamento jurícico Brasília: Editora Universidade de Brasília
- Brasil (Leis etc) Código Civil Elaboração Antônio Luiz de Toledo Pinto, 2 ed São Paulo: Saraiva, 2006
- CORDEIRO, António Manuel da Rocha e Menezes Tratado de Direito Civil Coimbra: Almedina, 1997
- Maria Helena Diniz - Curso de direito civil brasileiro 15 ed São Paulo: Saraiva, 1999
- EVANGELISTA, Marco Direito Civil sem estresse! Ed Scortecci, São Paulo, 2006
- Lei de introdução ao Código Civil brasileiro interpretada São Paulo: Saraiva, 2000
- GOMES, Orlando Raízes históricas e sociológicas do Código Civil brasileiro São Paulo: Martins Fontes, 2003
- GONÇALVES, Carlos Roberto Direito Civil brasileiro: Parte Geral, v 1 São Paulo: Saraiva, 2003
- GOZZO, Débora; ALVES, José Carlos Moreira; REALE, Miguel (Coord) Principais controvérsias no novo Código Civil São Paulo: Saraiva, 2006
- FARIAS, Cristiano Chaves de Direito Civil – Teoria Geral 2 ed Rio de Janeiro: 2005
- SCHAPP, Jan Metodologia do Direito Civil Trad Maria da Glória Lacerda Rurack e Klaus-Peter Rurack Porto Alegre: Sergio Antonio Fabris Editor, 2004
- Miguel Reale - Lições preliminares de direito 24ª edição. São Paulo: Saraiva, 1998
- VENOSA, Sílvio de Salvo Direito Civil - Parte Geral 6 ed São Paulo: Atlas, 2006
- WALD, Arnoldo Direito Civil – Introdução e Parte Geral São Paulo: Sarvaiva, 2002
See also
- Civil law (legal system)Civil law (legal system)Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
- German civil code: Bürgerliches GesetzbuchBürgerliches GesetzbuchThe Bürgerliches Gesetzbuch is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project....