The Civil Law is indubitably and certainly the most important branch of law for every constitutional country. The Civil Law consists of a body of rules, procedures, regulations and judicial precedents that helps in resolving the various non-criminal disputes. These disputes are either between individuals or organizations and can be on a variety of problems like ordinary issues, private matters, marriage conflicts, etc.
Functions of Civil Law
The core function of Civil Law is to resolve disagreements and disputes between individuals, families or organizations by providing due and equitable compensations to the victims. Unlike Criminal Law, The Civil law focuses more on providing compensation to the victims rather than giving punishment to the accused. There are Civil Law Courts that take and resolve civil matters with the help of refined lawyers and judges.
Few Examples of Civil Suits are:
A car crash victim files a Civil Suit against the driver to claim for the loss or injury sustained in the accident. Under Motor Vehicle Accident Act, 1988
One company files a Civil suit against another for the wrong products sent or wrong claims made at the time of the deal. Through the recovery of Money under Civil Procedure Code,
1908 and Specific Relief Act, 1963
A wife files a Civil Suit against his husband for Divorce, Judicial Separation, and Custody of minor child under Hindu Marriage Act and Restitution of Conjugal Rights
Matters covered by Civil Law
Being one of the most diverse laws, Civil law covers a variety of matters related to day-to-day life. The scope of Civil Law is very extensive as it covers the following areas of Law:
Real Estate Law: All the matters related to property, rent, buying/selling of a house, landlord problems/harassment, etc are covered under this body of law.
Delhi Rent Control Act,
Delhi Land Reform Act,
Land Acquisition Act,
The Real Estate (Regulation and Development) Act, 2016
Business or Commercial Law: Business ethics related to B2B organizations, Fraud, employee-employer complaints etc are covered under this body of law.
Companies Act 2013.
The Copyright Act, 1957
The Trade Marks Act, 1999
The Patent Act, 1970
Education Law: All matters related to Education and Educational Firms are covered under this body of law. For example, Student-teacher complaints, false registration of Educational organizations, any act of deception by educational firms etc. Also, it exerts the right of education to every child.
The Right of Children to Free and Compulsory Education (RTE) Act, 2009,
Consumer Law: All the matters related to consumer law like unjust pricing, non-fulfillment of consented products, etc fall under this law. Online purchase as well as offline purchases protected under this law. The Consumer Protection Act, 1986
Tax Law: Every matter based on taxation like the application of GST and other taxes, fair taxation as per the government, etc are covered under this body of law.
Income-Tax Act, 1961
Goods and Services Tax Act, 2016
Entertainment Law: Deals with all the matters that come under the media industry.
Cable Television Network (Regulation) Act, 1994
Contract Law: Issues based on finalizing a contract between two parties, breaching of the contract etc are covered under this body of law
Indian Contract Act, 1872
Partnership Act
Administrative Law: includes issues on rulemaking, adjudication, or the enforcement of a specific regulatory agenda etc
Sports Law: Deals with issues related to the athletes and the sports played by them. A variety of issues like a contract, constitutional, trademark, criminal, tort, agency, antitrust, labor, and tax issues are covered under this body of law.
The key motto of the Civil Law is to protect its civilians from any type of breach, unjust and/or biases and to provide equal rights and opportunities for all. Any matter that affects the smooth functioning of the welfare of an individual or society can be filed under the Civil Law in India.
Functions of Civil Law
The core function of Civil Law is to resolve disagreements and disputes between individuals, families or organizations by providing due and equitable compensations to the victims. Unlike Criminal Law, The Civil law focuses more on providing compensation to the victims rather than giving punishment to the accused. There are Civil Law Courts that take and resolve civil matters with the help of refined lawyers and judges.
Few Examples of Civil Suits are:
A car crash victim files a Civil Suit against the driver to claim for the loss or injury sustained in the accident. Under Motor Vehicle Accident Act, 1988
One company files a Civil suit against another for the wrong products sent or wrong claims made at the time of the deal. Through the recovery of Money under Civil Procedure Code,
1908 and Specific Relief Act, 1963
A wife files a Civil Suit against his husband for Divorce, Judicial Separation, and Custody of minor child under Hindu Marriage Act and Restitution of Conjugal Rights
Matters covered by Civil Law
Being one of the most diverse laws, Civil law covers a variety of matters related to day-to-day life. The scope of Civil Law is very extensive as it covers the following areas of Law:
Real Estate Law: All the matters related to property, rent, buying/selling of a house, landlord problems/harassment, etc are covered under this body of law.
Delhi Rent Control Act,
Delhi Land Reform Act,
Land Acquisition Act,
The Real Estate (Regulation and Development) Act, 2016
Business or Commercial Law: Business ethics related to B2B organizations, Fraud, employee-employer complaints etc are covered under this body of law.
Companies Act 2013.
The Copyright Act, 1957
The Trade Marks Act, 1999
The Patent Act, 1970
Education Law: All matters related to Education and Educational Firms are covered under this body of law. For example, Student-teacher complaints, false registration of Educational organizations, any act of deception by educational firms etc. Also, it exerts the right of education to every child.
The Right of Children to Free and Compulsory Education (RTE) Act, 2009,
Consumer Law: All the matters related to consumer law like unjust pricing, non-fulfillment of consented products, etc fall under this law. Online purchase as well as offline purchases protected under this law. The Consumer Protection Act, 1986
Tax Law: Every matter based on taxation like the application of GST and other taxes, fair taxation as per the government, etc are covered under this body of law.
Income-Tax Act, 1961
Goods and Services Tax Act, 2016
Entertainment Law: Deals with all the matters that come under the media industry.
Cable Television Network (Regulation) Act, 1994
Contract Law: Issues based on finalizing a contract between two parties, breaching of the contract etc are covered under this body of law
Indian Contract Act, 1872
Partnership Act
Administrative Law: includes issues on rulemaking, adjudication, or the enforcement of a specific regulatory agenda etc
Sports Law: Deals with issues related to the athletes and the sports played by them. A variety of issues like a contract, constitutional, trademark, criminal, tort, agency, antitrust, labor, and tax issues are covered under this body of law.
The key motto of the Civil Law is to protect its civilians from any type of breach, unjust and/or biases and to provide equal rights and opportunities for all. Any matter that affects the smooth functioning of the welfare of an individual or society can be filed under the Civil Law in India.
0 Comments