Outline of civil law

About WikiMD: The article, Outline of civil law, is part of WikiMD.
WikiMD is a free medical encyclopedia and wellnesspedia moderated by medical professionals.

The Outline of civil law provides a structured overview of the civil law system, which is one of the main categories of legal systems in the world. Civil law governs the relationships between individuals and organizations and is primarily concerned with private rights and remedies. This outline serves as a guide to the key concepts, principles, and components that make up the civil law system.

Definition

Civil law is a legal system inspired by Roman law, with core principles codified into a referable system which serves as the primary source of law. This system emphasizes legal statutes and comprehensive codes, and relies less on case law and judicial precedent compared to common law systems.

Characteristics

• Codification: In civil law systems, the most comprehensive sources of law are legal codes which cover broad areas of legislation, outlining the system's core principles and enforceable laws.
• Less reliance on judicial decisions: Unlike common law, precedents are not as powerful in civil law systems, although they can still be influential.
• Inquisitorial system: Many civil law countries use an inquisitorial system in their courts, where the judge plays a significant role in investigating the case and asking questions.

Key Components

Substantive Law

• Contract law: Governs the agreements entered into between two or more parties.
• Tort law: Deals with civil wrongs and damages not arising from contractual obligations.
• Property law: Concerns the rights and duties associated with the ownership and tenancy of real estate and personal property.
• Family law: Covers matters such as marriage, divorce, child custody, and inheritance.
• Succession law: Regulates the disposition of a person's estate after death, including wills and intestacy.

Procedural Law

• Civil procedure: Rules and standards used by courts in civil cases. It dictates how a lawsuit or case may be commenced, and the steps in processing a case.
• Evidence law: Governs the proof of facts and the use of evidence in civil proceedings.

Major Civil Law Systems

• French civil law: France and its former colonies often follow this system.
• German civil law: Influences many countries in Europe and Asia.
• Swiss civil law: Known for its influence in the banking and finance sectors globally.

Comparison with Other Legal Systems

• Common law: Civil law is often contrasted with common law, which is the legal system used in England and in countries colonized by England.
• Islamic law: Another major legal system, distinct from both civil and common law.

See Also

• Legal systems of the world
• History of civil law
• List of national legal systems

Conclusion

The civil law system is a comprehensive, codified, and widely adopted legal system that shapes the legal landscape in many parts of the world. Understanding its structure and operation is essential for those studying law, participating in international legal processes, or engaging in businesses in civil law jurisdictions.