10 CHARACTERISTICS OF THE CIVIL LAW
Characteristics of civil law: Set of legal rules and principles that regulate personal or property relationships between people, both physical and legal. It is the set of legal principles and norms that regulate the most general and daily relationships of people’s lives, considering people as such, as a subject of Law , or as the one that governs man as such, regardless of his or her peculiar activities; which rules its relations with its peers and with the State, when the latter acts as a legal entity, and as long as those relations are intended to satisfy needs of a generic human nature. It can be summarized in a set of rules that govern the behavior of the person (natural or legal) in a social conglomerate. We explain what civil law is and what its main characteristics are. In addition, some application examples and more.
What is civil law?
The civil law is the set of legal provisions and ordinances whose purpose is to regulate the common life of people, in relation to their property, needs, rights and relationships with each other and with the State.
The origin of civil law goes back to the legislature of the Roman State , when it was understood in two different and opposed ways: private law , which regulated relations between individuals, and public law , which had to do exclusively with the tasks of the people and the institutions of the State, or of the public powers among themselves.
Characteristics of civil law
One of the main aspects of civil law is related to the very existence of the human being: birth, death and legal ties between individuals, such as nationality, civil status and legal considerations that accompany the person from birth.
Regarding the goods
The legal disposition of things and goods, as well as the ways of acquiring and enjoying them, also apply to civil law. This can refer to:
- The different types of property.
- The regulations concerning the use of a specific good.
- The rules of succession or inheritance.
- The transfers and assignments of specific goods.
Regarding the family
Since the family is the basis of society, civil law involves the relationships derived from it, whether in moral, ethical, patrimonial or simply in the interest of public order. This refers to marital unions (or civil unions), relationships of kinship and consanguinity, as well as rights, duties and relationships of superiority or dependence that they generate.
Regarding civil liability
Civil liability is understood as the obligation of the persons to repair or compensate the eventual damage that they may cause to others and their property, as well as to the property of the State. This responsibility may be of a contractual nature (when a voluntary agreement is violated) or extra contractual (when what is violated is a law).
Another aspect on which civil law falls is the regulation of legal acts and businesses , as well as their possible consequences and links. In this sense, it is responsible for ensuring compliance with the obligations and benefits contracted, but also for the conditions under which such agreements may take place.
Regarding international law
There is also a so-called international civil law , whose field of action are the areas of conflict between legal regulations between countries, conflicts of applicable law and immigration regulations. This is also known as private international law and each country determines its own position in the matter.
Regarding the common law
A broader aspect of civil law is to serve as a general disposition of the modes of execution of other branches of law (such as commercial or labor law), with regard to the application and interpretation of established legal norms. That is why common law and civil law are practically synonymous.
Regarding the legal system
The civil law also seeks to study the different legal mechanisms available for the protection of the legal provisions described above, always within the framework of what is contemplated by the current legal system, such as the national Constitution.
Regarding the territory
In the same country there may be several modulations of civil law, applicable to different cases. Thus, there may be a national or federal level, applicable throughout the territory, and other provincial or provincial, restricted to a specific state or region within it.
Regarding the civil code
The civil law regulations are organized and systematized in a code, whose nature is public and notorious for the citizens of a territory. The first in history was promulgated by Napoleon in France in 1804, for what is known as the Code of Napoleon .
Socialist civil law
The Civil Socialist Law is constituted by a set of branches that regulate relations in certain spheres of social life. It requires that a complex of social relations be formed that regulate the norms and that it needs its own legal regulation to fulfill the corresponding tasks.
The Cuban Civil Code, one of the most important challenges of the Law System, prepares itself and tries to achieve a very commendable ideal, that of being accessible and easy to understand its recipients. His language, without denying the technicality, typical of these legal bodies, is transparent, does not use useless circumlocutions.
It harmoniously links the sociology-economic and political informing principles of each of the institutions it regulates.
It is inspired by the national reality and the social practice of the Revolution , and departs from the individualist postulates that had characterized the previous Civil Law, increasingly incompatible with the socialist regime.
It reflects the new principles on state intervention in relations between people, to protect their interests in harmony with social convenience.
The patrimonial relations or linked to them that regulates the Code are established between people situated on the plane of equality, that is to say, that they are alien to the legal relationships that imply authority and subordination.
The civil error is an illegality when it exists in the formation of a legal act and triggers its cancellation. Its forms are:
when the terms of its manifestation do not respond to the true intention of the protester.
when you wanted to do an act other than the one performed.
when the protester took into account something else or another person or different qualities of that which is the object of the act.
when the protester promised a noticeably higher salary or accepted a consideration that was clearly lower than the one he wanted to promise or accept.