Civil Law is one of the most important benches for every constitutional country. It provides the various non-criminal disputes either between individuals or organizations like Ordinary issues, Private matter, Marriage Conflicts, etc. The Civil Procedure Code (C.P.C.) regulates the functioning of the civil courts. The provision of this law lays down the procedure of filing of civil cased including specific rules for proceedings of a case, right of appeals, review etc. Since each religion has its own specific laws to follow therefore Indian Civil laws becomes complex.
Types of Civil Law
Civil law can be divided into as following: –
- Low of Tort– The law which suits for unliquidated damages. It involves personal injury. Civil wrongdoing etc. There are three cubicles of Tort Law i.e. negligence, intentional tort and strict liability.
(a) A tort which is done unintentionally called negligence.
(b) Intentional tort is an act which is done deliberately where the defendant acted with intend to cause harm or injury. Such as assault, false imprisonment, Fraud Invasion of Privacy as well as intentional infliction of emotional distress.
(c) Strict liability refers the act based on the principle which does not require actual negligence. Strict liability commonly ensure the safety during one’s duty for example Master- Servant relationship, Liability of the state, Liability of the directors of the company, Partnership firm etc.
- Family / Personal Law- Family law deals with marriage, divorce, annulment, child custody, child adoption child support, child birth including other issues related to the families as per their different religion like that of the Hindu Law, Muslim Law, Christian Law, Paris Law. This law enable people for dividing up property and finances after a divorce, establishing child support, child custody including spousal support. Few new areas have also been included under this law such as same sex marriage, surrogate, motherhood, artificial conception, vitro fertilization as well as palimony.
- Contract Law – Under the Indian Contract Act, 1872 all kinds of contract come into this categories. This Act provides all types of provisions in respect of the validity of a contract and also included the penalties for breaches of the contract. It is an agreement deals between two or more parties. If one party violates any of the term said in the agreement of the contract then they have committed a civil wrong known as “Breach of Contract “
- Property Law– Property law referees both tangible and intangible properties. Tangible property includes jewelry, animals, merchandise etc. which intangible property includes patents, stocks, bond and copyrights. Except above land and any other thing built on it that cannot be easily removed. Such as oil and minerals are included under this category.
Functions of Civil Law
The main function of civil law is to resolve disagreements and disputes between families, individuals, organizations. It provides due and equitable compensations to the victim, rather than giving punishment to the accused. It is civil law which is preserve the civil matters with the help of skilled lawyers and judge.
Civil law is one of the most diverse laws which covers a numerous matters related to day-to-day life. Therefore the scope of civil law is very extensive and it covers the matters related to Real Estate, Business and Commercial, Education, Consumer issues, Tax issues, Entertainment, Administrative, Sports.
The key purpose of civil law is to protect the right of civilians from any type of breach. It provides equal rights and opportunities for all. The matters which affects the welfare of an individual or society, under this circumstances a case can be filed under the Civil Law in India.