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Civil Law
–––––––––––––––––––––––––––––––––––––––––––––––––
Civil law (common law)
Civil law is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim. For
instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case.[1] Civil law
differs from criminal law, whose emphasis is more on punishment than in dispute resolution. The law relating to civil wrongs and quasi–contract is part
of the civil law.[2]
–––––––––––––––––––––––––––––––––––––––––––––––––
Overview
In the common law, civil law is the area of laws and justice that affect the legal status of individuals. Civil law, in this sense, is usually...show more
content...
This can be contrasted with common law systems whose intellectual framework comes from judge–madedecisional law which gives precedential
authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial
precedent).[1][2]
Historically, civil law existed in the times of Ancient Egypt and it is the group of legal ideas and systems ultimately derived from the Code of
Justinian, but heavily overlaid by Germanic, canon–law, feudal, and local practices,[3] as well as doctrinal strains such as natural law, codification, and
legislative positivism.
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.[4] It holds
case law to be secondary and subordinate to statutory law, and the court system is usuallyinquisitorial, unbound by precedent, and composed of
specially trained judicial officers with a limited authority to interpret law.Juries separate from the judges are not used, although in some cases, benches
may be sat by lay judges alongside legally–trained career judges.
–––––––––––––––––––––––––––––––––––––––––––––––––
Overview
The purpose of codification is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must
follow. It is the most widespread system
Get more content on HelpWriting.net
Common Law And Civil Law
There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common
law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries
have predominate codified statutes. An important factor to international business is the legal system. The market attractiveness of a country can be
affected by differences in legal systems. Business practices are regulated by the country's law. Policies are defined as well the rights and obligations in
business transactions. The legal framework for business to be conducted is defined by the country's government. There will be variances in laws
country to country. Sound business decisions can be made by acquiring knowledge about common laws and civil laws of different countries. Contract
and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a
greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not
enforced local authorities. Although most of these countries have laws established to the protect property rights of investors. There are two ways in
which property rights can be violated. Violations can occur Private action through private action or by public action. Piracy, theft, and blackmail are all
categorized
Get more content on HelpWriting.net
Subjects of Civil Law
Subjects of civil law
Two main types: * natural persons * legal persons
(or artificial person) * Third category: "handicapped legal person"– uЕ‚omna osoba prawna
Legal personality
Notion connected with: * Legal capacity – ability to become the subject of rights and obligations * Capacity for legal acts – ability of obtaining rights
and acquiring obligations by the person's own actions
Legal personality – legal person * Legal persons always have: * legal capacity * full capacity to enter into legal transactions – by their organs
Legal personality – natural person * Natural persons always have legal capacity * Have the capacity to enter into legal transactions: * Full...show more
content...
Contracts in Polish law * Contract types * Parties * Liberty of contracts * Form * Defects in the declaration of intent (wady oЕ›wiadczenia woli) *
Concluding contracts
Defects in the declaration of intent (wady oЕ›wiadczenia woli) * acts can be considered void (niewaЕјne) or allow one of the contracting parties to
withdraw their declaration * lack of a conscious or free decision (brak Е›wiadomoЕ›ci lub swobody) * sake of appearance (pozornoЕ›Д‡) * error *
deceitful error * threat declarations not always create consequences
Classification of Contracts * Transfer of rights * sale, exchange, donation. * Use of property * rent, lease, leasing, lending for use. * Provision of
services * agency (contract of mandate), representation, contract for specific actions, storage contract, * Credit relations * loan, credit contract, bank
account contract. * Security for claims * pledge, bank guarantee * Insurance contracts * Securities * bill of exchange, cheque, bonds.
Concluding a Contract
declaration of the intention to conclude a precise contract, by proposing it and defining its essential provisions
(art. 66 of the Civil Code) * art. 69 of the Civil Code:
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Civil Law

  • 1. Civil Law ––––––––––––––––––––––––––––––––––––––––––––––––– Civil law (common law) Civil law is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case.[1] Civil law differs from criminal law, whose emphasis is more on punishment than in dispute resolution. The law relating to civil wrongs and quasi–contract is part of the civil law.[2] ––––––––––––––––––––––––––––––––––––––––––––––––– Overview In the common law, civil law is the area of laws and justice that affect the legal status of individuals. Civil law, in this sense, is usually...show more content... This can be contrasted with common law systems whose intellectual framework comes from judge–madedecisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent).[1][2] Historically, civil law existed in the times of Ancient Egypt and it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, canon–law, feudal, and local practices,[3] as well as doctrinal strains such as natural law, codification, and legislative positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.[4] It holds case law to be secondary and subordinate to statutory law, and the court system is usuallyinquisitorial, unbound by precedent, and composed of specially trained judicial officers with a limited authority to interpret law.Juries separate from the judges are not used, although in some cases, benches may be sat by lay judges alongside legally–trained career judges. ––––––––––––––––––––––––––––––––––––––––––––––––– Overview The purpose of codification is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most widespread system
  • 2. Get more content on HelpWriting.net
  • 3. Common Law And Civil Law There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries have predominate codified statutes. An important factor to international business is the legal system. The market attractiveness of a country can be affected by differences in legal systems. Business practices are regulated by the country's law. Policies are defined as well the rights and obligations in business transactions. The legal framework for business to be conducted is defined by the country's government. There will be variances in laws country to country. Sound business decisions can be made by acquiring knowledge about common laws and civil laws of different countries. Contract and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not enforced local authorities. Although most of these countries have laws established to the protect property rights of investors. There are two ways in which property rights can be violated. Violations can occur Private action through private action or by public action. Piracy, theft, and blackmail are all categorized Get more content on HelpWriting.net
  • 4. Subjects of Civil Law Subjects of civil law Two main types: * natural persons * legal persons (or artificial person) * Third category: "handicapped legal person"– uЕ‚omna osoba prawna Legal personality Notion connected with: * Legal capacity – ability to become the subject of rights and obligations * Capacity for legal acts – ability of obtaining rights and acquiring obligations by the person's own actions Legal personality – legal person * Legal persons always have: * legal capacity * full capacity to enter into legal transactions – by their organs Legal personality – natural person * Natural persons always have legal capacity * Have the capacity to enter into legal transactions: * Full...show more content... Contracts in Polish law * Contract types * Parties * Liberty of contracts * Form * Defects in the declaration of intent (wady oЕ›wiadczenia woli) * Concluding contracts Defects in the declaration of intent (wady oЕ›wiadczenia woli) * acts can be considered void (niewaЕјne) or allow one of the contracting parties to withdraw their declaration * lack of a conscious or free decision (brak Е›wiadomoЕ›ci lub swobody) * sake of appearance (pozornoЕ›Д‡) * error * deceitful error * threat declarations not always create consequences Classification of Contracts * Transfer of rights * sale, exchange, donation. * Use of property * rent, lease, leasing, lending for use. * Provision of services * agency (contract of mandate), representation, contract for specific actions, storage contract, * Credit relations * loan, credit contract, bank account contract. * Security for claims * pledge, bank guarantee * Insurance contracts * Securities * bill of exchange, cheque, bonds. Concluding a Contract declaration of the intention to conclude a precise contract, by proposing it and defining its essential provisions (art. 66 of the Civil Code) * art. 69 of the Civil Code: Get more content on HelpWriting.net