Civil Law.docx what is civil law and what is the importance
1. +
Kinds of Law
Civil Law Martial Law
International
Law
private
international
Law
Public
International
Law
Municipal Law
Public
Municipal Law
Constitutional
Law
Administrative
Law
Criminal Law
Private
Municipal Law
2. Civil Law:
The term civil law comes from the Roman word ‘jus civile’
The Law enforced by the State is called Civil Law.
Austin and Holland called it ‘Positive Law’ because the sovereign
political authority enforces it.
Salmond justifies the term ‘civil law’ as the law of the land.
The civil law system is the most widespread system of law in the world.
It is backed by the force and might of the state for purposes of
enforcement.
It creates legal rights, whether fundamental or primary.
The Law of positive morality.
Civil Law 3 types: 1) Property Law
2) Commercial law
3) The Law of Persons
Civil law is essentially territorial in nature as it applies within the
territory of the state concerned.
3. International Law:
International law is the body of principals and rules which civilised state
consider as binding upon them in their mutual relations. It rests upon the
constant of sovereign state.
Austin defined law as the body of rules for human conduct set and
enforced by a sovereign political authority. Since international law is not
set or enforced by political sovereign authority, so it is not law. Also,
there is no common superior over sovereign States.
“The law obtaining between nations is only set by a general opinion and
the duties which it imposes are enforced by moral sanction.
Oppenhiem has defined International law as “the body of customary and
constitutional rules which are considered legally binding by civilized
states in their intercourse with each other”
Public International Law:
Private International Law:
