3.classification of Civil Law
3.classification of Civil Law
1) Introduction
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
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) 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
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
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
i. Local law
Local law is the law of the locality and not general law of the country
It has two types
B. Enacted law
Enacted law is such law which has been enacted by the local persons of the state
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
5) Conclusion
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