The civil law It is the most important branch of private law, and it is specifically detailed in most of the civil codes of the world. It is understood as the set of rules that regulate the relationships, rights and obligations of people in their private character, which may be forced or voluntary, physical or legal, and private or public. Relations between individuals and the State also fall within the civil branch of law.
The civil jurisdiction of law is often linked to the commercial one, and it is the same area in which both things are dealt with: in fact, the full name of the civil code is the Civil and Commercial Code.
Civil law institutions
In this way, it is prudent to think that civil law is fundamentally constituted on the basis of three institutions:
- Person. With the sum of their rights and obligations, their capacity, nationality and other attributes;
- Family. The related legal consequences of family relationships;
- Heritage. The set of goods belonging to a person.
A civil lawsuit is a type of claim filed by an individual, and whose purpose is to demand the recognition of legally established rights or the declaration of subjective rights, as well as the repair of damages derived from the violation of rights. For example: inheritance lawsuits, damages lawsuits, divorce lawsuits.
The importance of civil Code acquires a fundamental character in the case of civil lawsuits, since exactly what is set forth in that code is what concerns this class of lawsuits: in the case of actions regulated by the criminal code, the criminal jurisdiction will be in charge of taking the lawsuit .
Procedure for the claim
The filing of a civil lawsuit is a serious process in which the intervening parties, the facts and the legal grounds accused by the person making the claim for their claim must be indicated. Therefore, the intervention of a lawyer is necessary.
The court must admit the claim by means of a resolution, and in that case it will summon the parties to an appearance in which will try to reach an agreement that if it exists, it will be collected by the judge in the sentence and then it will be mandatory.
If the agreement is not produced, it will surely go to an oral trial in which the corresponding evidence must be presented, so that the judge can formulate his conclusions and be in a position to determine a sentence.
Intervention of law in the private sphere
The civil lawThus, it intervenes in a situation that is truly uncomfortable for the State, which is the internal relations of the family.
This often brings serious problems, and to avoid surrender In judicial regulation, legislation often includes specific elements to eliminate obstacles for women or girls to file complaints against their husbands or parents, or else eliminate requirements for the consent of husbands so that women can file lawsuits.
It is also frequent that complementary lawsuits are brought against government agents for not exercising their work to prevent or punish the practices.
Examples of civil lawsuits
Here is a list of typical civil law claims, inseparable from commercial law:
- Lawsuits for inheritance.
- Lawsuits regarding privacy.
- Lawsuits for protection of tenure.
- Lawsuits on gender violence.
- Lawsuits to regain possession.
- Lawsuits for damages.
- Lawsuits relating to honorary rights of the person.
- Lawsuits regarding unfair competition.
- Lawsuits on urban leases.
- Lawsuits requesting food due by legal provision.
- Lawsuits related to the image of the person.
- Discrimination lawsuits.
- Lawsuits about family violence.
- Lawsuits for breach of contract.
- Lawsuits for divorces.
- Lawsuits claiming a rectification of inaccurate facts.
- Lawsuits for the suspension of a work.
- Lawsuits regarding intellectual property.
- Lawsuits for the demolition of a tree, column or other objects that can lead to damages for the plaintiff.
- Lawsuit to claim the collection of a bill of exchange, check or promissory note.