Civil Laws in Chandigarh

Introduction

Civil law is a legal system originating in Continental Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted wit

h the common law system, which originated in medieval England, whose intellectual framework historically came from uncodified judge-made case law, and gives precedential authority to prior court decisions.

Historically, a civil law is the group of legal ideas and systems ultimately derived from the Corpus Juris Civilis, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local practices,as well as doctrinal strains such as natural law, codification, and legal positivism.

Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law secondary and subordinate to statutory law. Civil law is often paired with the inquisitorial system, but the terms are not synonymous.

There are key differences between a statute and a code.The most pronounced features of civil systems are their legal codes, with concise and broadly applicable texts that typically avoid factually specific scenarios.The short articles in a civil law code deal in generalities and stand in contrast with ordinary statutes, which are often very long and very detailed.

Types of Civil Laws

Contract Law

Contract law deals with agreements between two or more parties, each of which is obligated to hold up their portion of the agreement. For example, two parties enter into an agreement for the lease of an apartment. The Lessor has the right to use the apartment, and the landlord receives rent money as compensation. If one party
violates any of the provisions of the contract, they have committed a civil wrong known as “breach of contract.” Generally speaking, contracts may be oral or written, however there are certain types of contracts that must be put in writing.

Tort Law

Tort law is a branch of civil law that is concerned with personal injury and civil wrongdoing. A tort is a civil wrong, done by one person or entity to another which results in injury or property damage, and frequently involves monetary compensation to the injured party. There are three categories of torts: negligence, intentional tort, and strict liability.

Negligence is an unintentional tort, to which there are four elements that must be satisfied.

1. Duty. The defendant had a duty to act in a reasonable manner
2. Breach of Duty, meaning that the defendant failed to act reasonably
3. Causation. The defendant’s breach of duty must be the cause of the plaintiff’s injury or loss
4. Damages. Monetary, property, or other loss
   
   
   

An intentional tort is a deliberate wrongdoing in which the defendant acted with intent to cause harm or injury. Some examples of intentional torts include: assault and battery, false imprisonment, fraud, invasion of privacy, and intentional infliction of emotional distress.

Strict liability is a tort that does not require actual negligence or intent to injure. It is based on an absolute or “strict” duty to ensure something is safe. Strict liability frequently comes into play with hazardous activities, such as bungee jumping. The company that owns the bungee cords, or offers the activity to consumers, has an absolute duty to make sure the bungee cords are intact, hooked up correctly, and are ready to operate safely. If a consumer is injured because the cord breaks or comes undone, the company is liable for the injury under strict liability.

Property Law

Property law covers both personal property and real property. Personal property can be tangible, such as jewelry, animals, and merchandise, or intangible such as patents, copyrights, stocks, and bonds. Real property refers to land and anything built on it that cannot be easily removed, as well as anything under the surface of the land, such as oil and minerals. There are two types of property law torts: trespass and conversion.

• Trespass to
  chattels refers to a defendant intentionally and physically interfering with the plaintiff’s right to possession and use of their personal property.
• Trespass to land occurs when a defendant enters plaintiff’s private property without consent of the plaintiff.
• Conversion refers to a defendant depriving a plaintiff of their personal property without the plaintiff’s consent, and then using the plaintiff’s property as his own.

For example, a lady sees her neighbor planting flowers in her garden, and notices she has five extra containers of flowers with no place to plant them. The lady decides she would like flowers in her garden as well, and takes the leftover containers of flowers without asking for permission from neighbor. The lady deprived the neighbor of her flowers, planting them instead in her own garden. The lady has committed conversion.

Family Law

Family law is the branch of civil law that deals with marriage, divorce, annulment, child custody, adoption, birth, child support, and any other issues affecting families. This branch of civil law is unique in that there is not necessarily a person who committed a civil wrong. This is particularly true in states that have no-fault

divorces. The family court gets involved with dividing up property and finances after a divorce, establishing child custody, child support, and spousal support among other things. Some newer areas that fall under the family law umbrella are same-sex marriage, artificial conception, surrogate motherhood, in vitro fertilization, and palimony.

Info Taken From👇

• https://timesofindia.indiatimes.com/home/education/news/what-are-the-types-of-law-in-the-indian-legal-system/articleshow/77262576.cms
• https://www.vskills.in/certification/blog/indian-laws-types/#:~:text=Civil%20law%20can%20be%20further,Family%20law%20and%20Property%20law.&text=The%20law%20of%20tort%20was,personal%20injury%20and%20civil%20wrongdoing.
• Pictures takes from Google Images