Topic

INTRODUCTION ............................................................................................................................. 2
DEVELOPMENT .............................................................................................................................. 3
THE FOUR BRANCHES OF CIVIL LAW ............................................................................................. 4
Importance of civil law in the relationship between people ........................................................ 5
GENERAL PRINCIPLES OF CIVIL LAW ............................................................................................. 6
CONCLUSION ................................................................................................................................. 8
References..................................................................................................................................... 9
 INTRODUCTION
Due to the theme in question, in this work we Will discuss the origin of civil Law, its
concept and the branches that compose it.

At the beginning of the 19th century that the first major laws regarding contracts and
private law appeared, in the form of codes, especially the Civil Code, which dealt with
matters of bourgeois interest. The expression Civil Law has several meanings. For
Roman Law, Civil Law was the law of the city, intended to govern the lives of
independent citizens and, strictly, corresponded to Quiritarian Law.

2
 DEVELOPMENT
While criminal law regulates those acts or omissions that are considered injurious to the
state to society, civil law aims to regulate relations between individuals or between
individuals and organizations. There are many branches of civil law, some of which we
Will explore in this.

Civil Law

We can define Civil Law as the set of rules that regulates the relations between
individuals, which are individuals and private entities.

It covers a wide range of topics, including family issues, property, contracts, obligations
and civil responsibilities. Its goal is to ensure order, security and justice in everyday
interactions. It is also of a private nature and defines the relationships between spouses,
ascendants and descendants. That is why, when a legal dispute arises in relation to it, it
is necessary to resort to the service of a family law lawyer.

Obviously, civil law is much more complex than what we discussed above and what we
could write throughout this article. However, using the precepts of the Royal Decree of
July 24, 1889 of the Civil Code, we Will explain its fundamental concepts.

Why is civil law private by nature?

We alluded to this concept before. Specifically, civil law is of a private nature because it
regulates the relations that occur between civilians and private persons without any
intervention as such by the State, acting as a person governed by public law. This covers
the following:

The right of people: Civil law is responsible for regulating the beginning and end of
the lives of individuals. But it also does the same for the personality attributes, which
are the aspects that Mark your legal relationship with other people. We are talking, for
example, about nationality, domicile or material status.

Property and property law: This is usually referred to as real property law. Its purpose
is to define the legal relationships established between people and their things, perfectly
defining the different modes of possession and acquisition.

Family law: We are not only talking about marriage and other forms of civil
partnership, but also about the legal consequences and responsibilities arising from
family relations. All this must also be compatible with the different doctrines
established by other branches of the law on this issue.

Law of succession or inheritance: Undoubtedly one of the most important aspects

dealt with by civil law. It is responsible for regulating the distribution of a subject´s
assets when He or she dies and the rights that third parties have over most common
reasons for consulting a family lawyer.

3
Liability law: If a natural or legal person causes damage to another person, He or she
must pay compensation for the how is regulated.

The law of contracts and obligations: This is where the consequences and binding
effects of the agreement of legal acts, facts and transactions are established by the
signing of documents.

Common Law: Civil law establishes guidelines for the interpretation and application of
legal rules from other areas of law.

Private international Law: Applicable when there is a legal conflict in civil matters
between different countries.

THE FOUR BRANCHES OF CIVIL LAW

Civil law is, in itself, a branch of law in general. But, in turn, it is divided into four main
parts:

The general part or subjective law: In this section we find everything related to the
nationality of residents in Spain, to their domicile, to extinction of civil personality and
to the acquisition of property.

Contracts and obligations: Here we determine the rules of the general and special legal
regime that affects the drafting of contacts and the acquisition of obligations. In
addition, reference is also made to contractual and non-contractual liabilities.

Family and inheritance law: This section regulates the relations between spouses,
parents and children and ascendants, as well as inheritance and other civil partnerships.

Rights in rem: This section deals with ownership and possession of property. In fact,
special attention must be paid here to what is known as mortgage law. The fundamental
precepts of security and preferential acquisitions are also laid down.

We have already mentioned above that civil law is at the same time private law,
common law and general law. In the following, we would like to delve a little deeper
into the subject i order to define these concepts more precisely.

Why is civil law referred to as private law?

To discern this question, we must go back to the time of the Roman Empire. It was at
that time that the set of rules establishing private law, which is responsible for
governing relations between natural and legal persons, was established. This was in
direct opposition to public law, which has the function of defining the relations of
individuals between the powers of the state and of the state and of these between
themselves.

4
However, with the passage of time, and taking into account the political and legal
evolution of societies, public law has practically fallen into disuse, with civil law being
responsible for regulating almost all areas of public and private life. In fact, specialized
jurists define civil law as being responsible for judging acts pertaining, on the one hand,
to socially private life and, on the other hand, to privately private life.

Civil law as common law

This is a simpler question to solve. The fact is that, when there is no special regulation
or specific legislation on a matter that can be defined within private law, it is what is
established in civil law that must be applied. This has meant that, over the years, in most
European Countries, including Spain, separate branches have been established in
commercial and labor matters, for example. In both cases, there is a specific regulation
that is based on civil law.

This is the main reason why civil law is also called common law. Moreover, this
characteristic means that several civil mechanisms can cohabit in the same territory. We
only have to think of the case of Spain. Within our country there is a common
regulation in this respect, but within it, exclusive rules are established at local,
provincial, autonomous and foral levels.

Civil law as general law: This is usually done when civil law is viewed from a
subjective perspective, i.e. as applying to individuals. In particular, the term general law
is established because it contains private legal rules that are applicable to all individuals
born or residing in a country. We are talking, for example, about religion, work or
nationality. In short, civil law can be considered as the broadest and most widely
applied branch of law in general, fundamentally due to its private nature and its
predisposition to regulate relations between people. In fact, within Spain is has been
perfectly regulated for more than a century. It must also be Said that it is one of the
most complex aspects of law, Undoubtedly, these are more than enough reasons why,
when the time comes, it is essential to hire a family law lawyer.

Importance of civil law in the relationship between people

In the wide spectrum of advocacy, civil law stands out as a fundamental aspect,
interconnecting legal aspects to social and individual contexts. Analyzing everyday
situations and outlining the legal boundaries for human action, the performance in this
area of law primarily guided by a comprehensive set laws, which is the civil code.

Civil law or citizen law can be understood as the branch of law created with the
objective of guiding the legal relations between individuals, as well as family and
patrimonial. Through it is possible to determine how people, both physical and legal,
should act in society.

5
After all, living in a community is not such a simple task, since each one has their own
individual interests, is it? Due to the most, varied situations that involve people´s lives,
the legal area is divided into several branches, among them is Civil Law.

Given its importance, being one of the main disciplines of private law, we have
prepared this content to explain the main issues on the subject. Let´s see! Civil law
covers the civil actions of the individual, from birth to death, in addition to regulating
practices in society, directing what can and cannot be done without affecting
coexistence, relationships and social order.

Family, this area covers the entire civil life of individuals, from birth to their death,
being responsible for various areas of the community in the most varied senses. As
example we have, civil liability, consumer law. Inheritance law, contracts, real rights,
among others.

GENERAL PRINCIPLES OF CIVIL LAW

The principle of ethics brings the Idea that the application of the law must be carried
out talking into account objective and subjective good faith in addition to justice, ethics,
morals and with values of equity and probity.

This means that it is a guiding principle of civil law the search for the fight against
injustice and any attitude that is in bad faith, carried out in an unethical and immoral
way.

The principle of good faith included in several articles of the civil code, establishes an
ethical standard for how natural and legal persons should act, always assuming the
correctness of their acts, stating that the person must always intend to act in accordance
with the law, even when he does not do so.

The principle of the sociality aims to remove the individual character of the old civil
code of 1916, bringing the Idea of social function, prevailing collective interests to
individuals.

Thus, in a conflict between collective and individual rights, collectives Will have
greater weight because they have greater scope, with protection of the fundamental
rights of the human person. This principle is very related to the principle of ethics,
because social rules must also be ethical, and is not possible separate them.

The principle of operability, this principle sought simplicity of legal institutes and
greater effectiveness of decisions, enabling compliance and inserting some so-called
´´open´´ Standards, which allows a broad interpretation, without restriction of the law.

Note: Although there are other branches of civil law that can also be included in civil
law (as previously discussed), the civil code, a document created by the legislator with
the aim of regulating the rights and obligations of people in the civil sphere, addresses
specific issues.

6
In this way, this article Will comply exclusively with the limits IF action and
regulations that the civil code imposes in the matter.

Civil law, therefore, deals with issues related to the interaction between people,
companies and successions.

They seem to be small and specific points in our legal system, but these rights are very
important in the maintenance of life in society. No Wonder the civil code has more than
2,000 articles!

Civil law, although it can be seen as the entire particular legal relationship of the citizen
in society, is formed by private rights that do not have a specific regulation, being under
the umbrella of the civil code.

In this way, it is remarkable that Civil Law in not only very important for the
maintenance of life in society and collective rights, but also permeates all the activity of
the law Professional.

Knowing him well, therefore, is the obligation of any lawyer or law enforcer Who has
an interest in operating in the area of private and private law, from the formation of
companies to the legal establishment of marriage and the succession of assets.

7
 CONCLUSION
In summary, as we have already seen, Civil Law deals with the legal relations of
individuals and legal entities within society. The Civil Code, specifically, deals with the
issues of the family, the life and death of the individual, with the relationship of
property, marriage, among others.

In this way, Civil Law is constantly present in people´s lives. He is present when two
people get married, when someone acquires a property and even when a person dies,
leaving assets to his heirs.

Civil Law, then, is responsible for regulating life in society in general, creating the
necessary rules so that people´s social life can be maintained in order, respecting
individual rights and stipulating the duties of those same people.

8
 References

https://www.aurum.com.br/blog/direito-civil/

https://www.mironetoadvogados.com.br/direito-civil/

https://www.eliasymunozabogados.com/en/blog/general-points-civil-law