Civil law is a legal system that deals with disputes and disagreements between individuals, businesses, or organizations. Unlike criminal law, which involves the government prosecuting people for committing crimes, civil law focuses on private rights and responsibilities, such as contracts, property, and family matters. It is a branch of law that is rooted in the Roman Empire and has been codified and disseminated comprehensively since the 19th century. Codification, or the process of organizing laws into a systematic code, has been carried out in most civil law countries. The French Civil Code and the German BGB are two of the most influential civil codes.
Today, civil law is the most common legal system in the world and is practiced in approximately 150 countries. In simple terms, civil law refers to private disputes between individuals or organizations. For example, if your neighbor decides to sue you because your dog barks constantly, it would be a matter of civil law. On the other hand, criminal laws are rules that apply when someone commits a crime, such as assault, robbery, murder, arson, rape, and other types of crimes. When a person is arrested and charged with a crime, they go to criminal court. Civil law covers almost all other disputes that do not involve criminal offenses.
These can include housing cases like eviction or foreclosure, family cases like divorce or custody battles, consumer problems like debt or bankruptcy, or lawsuits for property or personal damage. All of these cases are heard in civil court. Common law originated in medieval England and is still used in many countries that were formerly under English rule, including the United States. However, Louisiana uses civil law due to its French colonization. While there are regular and high-quality legal reports in France, it is not a uniform practice in many other civil law jurisdictions. At LawShelf, we have established partnerships with several universities that guarantee credit transfers, including Excelsior University, Thomas Edison State University, the University of Maryland Global Campus, Purdue Global University, and Southern New Hampshire University. Civil law is a legal system that is structured around broad codes and detailed statutes that determine the rights and obligations of individuals.
Unlike common law systems, which rely heavily on judicial precedent, civil law systems are based on legal codes that serve as the primary source of law. However, these codes are not exhaustive, and court decisions can also serve as binding precedents in some cases. The main difference between common law and civil law is that in a civil case, the defendant is found responsible or not for damages, while in a criminal case, the defendant may or may not be found guilty. Civil law codes are not just lists of laws and penalties; they also establish general principles and rules that guide legal decisions. Most civil cases are tried in state courts, and if someone is found responsible under civil law, they usually have to pay a fine. On the other hand, civil law deals with private disputes between individuals or organizations.
In recent years, there has been an increase in the number of precedents in civil law case law, which are usually found in higher courts. In theory, civil law codes should go beyond just compiling laws and instead establish a coherent and comprehensive piece of legislation. This can lead to important reforms or even a complete overhaul of the legal system.
