Civil Law - Complete Course - César Fiuza

An Introduction to Civil Law

Civil law is a system of law that is based on a set of written rules and regulations. It is distinct from common law, which is based on judicial decisions. Civil law is used in many countries around the world, including France, Germany, Italy, and Spain.

The History of Civil Law

Civil law has its roots in ancient Rome. The Roman Empire was one of the first civilizations to develop a comprehensive system of civil law. The Roman legal system was based on the idea that all citizens should be treated equally under the law. This principle of equality before the law is still a fundamental principle of civil law today.

The Sources of Civil Law

The sources of civil law are the statutes, regulations, and judicial decisions that make up the legal system. Statutes are laws that are enacted by the legislature. Regulations are rules that are made by administrative agencies. Judicial decisions are the decisions of courts that interpret and apply the law.

The Structure of Civil Law

Civil law is divided into two main branches: private law and public law. Private law governs the relationships between individuals and organizations. Public law governs the relationship between the government and the individual.

Private Law

Private law is further divided into several sub-branches, including:

• Contract law: Contract law governs the formation, performance, and enforcement of contracts.
• Tort law: Tort law governs civil wrongs, such as negligence, assault, and battery.
• Property law: Property law governs the ownership, use, and transfer of property.
• Family law: Family law governs the legal relationships between family members, such as marriage, divorce, and child custody.

Public Law

Public law is further divided into several sub-branches, including:

• Constitutional law: Constitutional law governs the structure and powers of the government.
• Administrative law: Administrative law governs the actions of administrative agencies.
• Criminal law: Criminal law governs crimes, such as murder, theft, and robbery.

The Advantages of Civil Law

There are several advantages to civil law, including:

• Certainty: Civil law is based on a set of written rules and regulations, which makes it more certain than common law.
• Predictability: Civil law is more predictable than common law because it is based on a set of written rules and regulations.
• Efficiency: Civil law is more efficient than common law because it is based on a set of written rules and regulations.

The Disadvantages of Civil Law

There are also some disadvantages to civil law, including:

• Rigidity: Civil law is more rigid than common law because it is based on a set of written rules and regulations.
• Complexity: Civil law is more complex than common law because it is based on a set of written rules and regulations.
• Cost: Civil law is more expensive than common law because it requires the use of lawyers and courts.

Conclusion

Civil law is a complex and challenging subject, but it is also a fascinating and rewarding one. If you are interested in learning more about civil law, I highly recommend reading this book.