Civil Law Overview

Study Notes

Regulates private relations, imposing reciprocal obligations and rights.
Applies to all legal relations between individuals regardless of their profession or social status.
Deals with the law of person, property, obligations and enforcement of debts.
Distinguishes between personal rights and real rights.
- Real Rights: Dominating authorities to a person on a determine thing.
  - Example: The right of property, providing the owner the authority of exploitation, usage and vending the thing.
- Personal Rights: Links of law that enforce the debtor in the legal relation to give the creditor something, or to do or not to do.
  - Example: The payment of the price due to a contract of purchase (obligation to give), the contract of labor (obligation to do), the term of non-competition provided in a contract of selling commercial premises (obligation not to do).
Distinguishes between legal acts and legal facts.
- Legal Acts: Include bilateral acts (contracts) and unilateral acts (like the promise to reward).
- Legal Facts: Consist on the non-contractual reality.
  - Example: Tort.

Regulates commercial activity.
Applies to:
- Acts of merchants, whether they are physical persons or legal statuses (moral persons) like companies or firms practicing commercial activities.
- Commercial activities include banking, tourism, insurance, and industry.

Governs the administration of civil law and the control of procedures in front of judicial authority.
Controls the process whereby parties to a dispute may have their rights recognized and remedies awarded.

Romano Germanic system: This system is prevalent in countries like Egypt and France. It's characterized by a clear division of power among the legislative, executive, and judicial branches of government.
The legislative branch is responsible for enacting written laws.
The judicial branch applies these laws in specific cases.
The executive branch executes the laws.
This system emphasizes a comprehensive legal framework that governs all aspects of society, including economic, political, and administrative matters.
The Anglo Saxon system: This system is found in countries like the USA and UK. It emphasizes the importance of judicial precedents, where past court decisions shape the law for future cases.
Judicial precedents: Decisions made by higher courts are binding upon lower courts, creating a system of legal continuity.
In this system, the emphasis is on providing remedies to legal problems, and the rights of individuals emerge from these remedies.

Formal sources: These are the official sources of law, such as legislation, constitutions, and judicial precedents.
Complementary sources: These provide additional guidance and context for legal interpretation, including legal doctrines, custom, and scholarly writings.

In Region: Law is applied geographically, within specific territorial jurisdictions.
In Time: Law is applied at a specific point in time, as legal rules can change over time.
Types of Rights: There are various categories of rights, including personal rights, property rights, and contract rights.
Personality: This concept emphasizes the individual's legal capacity and personality, recognizing their rights and responsibilities.