What is Civil Law?

Law is one of the most important things in a country. No Country can function if it doesn’t have laws. Law is a set of legitimate rules, statutes, and precedents, which are applicable within a given jurisdiction. Whenever one hears law all that comes in mind is Justice for one. And punishment of the same is decided by the magnitude of offence.

Law is generally divided into two parts: Civil law and Criminal law.

Today, more than 60% of the world’s countries have some form of civil law. Civil law originating in mainland Europe and adopted in much of the world.  “Civil law” derived from Latin jus civile, or “citizens’ law”. Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law, or Continental law. The civil law system is often contrasted with the common law system, which originated in medieval England. Common-Law systems come from legal principles that are judge-made laws. These precedents have authority.

Civil Law are cases where wrong is done against a particular individual or constitutes an injury to an individual or other private party, such as a corporation Civil law generally between individuals. It is not breaking of any law but rather breaking of deal between them. A Legally bounded deal. Few of civil wrongs are defamation (including libel and slander), breach of contract, negligence resulting in injury or death, and property damage.

The conception of civil justice has existed in India for ages. Manu compiled the justice system of India. His huge work entitled “Manava Dharma Shastra” contains the legal provision. However, the Vedas incorporate the concept of justice.

The essential features of the system are: –

1) Civil Laws are a codified set of legal rules.
2) The codified Law bears a binding for all. There is little scope for judge-made law in civil courts. Yet, looking into the practical aspect, the judges follow the precedents.
3) Writings of the Legal Scholars do have a substantial influence on the courts.

It’s generally considered as a sign to building stable societies where individuals can pursue their ambitions free from the constraints of cruelty and tyranny.

In a society disagreement between human beings and institutions are understandable. This is where civil laws come to existence. It is an impartial dispute resolving judicial machinery.  Civil Laws have a huge scope. A few of them are well defined and codified, and the remaining are based upon the precedents. Some of the civil laws in India are administrative law, family law, contract law, tort law, tax law, consumer law.

In conflict to criminal cases, which are prosecuted by the state, civil cases are commenced by a private party. And in civil cases the one who files the case or the one with whom the wrong has happened is plaintiff, and the one who has done wrong is called defendant. Punishment almost always consists of a monetary award and never consists of imprisonment; to prevail, the plaintiff must establish the defendant’s liability only according to the “preponderance of evidence”; and defendants are not entitled to the same legal protections as are the criminally accused.





Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.