Themes

What is Civil Law definition/concept/elaboration

The origin of civil law is found in the ancient Roman civilization, since it was the Romans who adopted the concept ius civile, a legal regulation that refers exclusively to the citizens of Rome and in opposition to the ius naturale, which refers to Roman citizens, but also to foreigners. The ius civile initially comprised both the norms of public law and the rules of private law. Later, the ius civile was dismembered in other legal areas and civil law was adjusted exclusively to the private field of social relations .

the current concept

This branch of law deals with the relations between individuals and, at the same time, their relations with the State . As for its content, jurists claim that there is residual content, in the sense of understanding everything that is not specifically regulated by a special order, which means that everything that is not collected in another branch of law is within the civil law framework.

In relation to its manifestations, there are four different areas:

1) personality , which refers to the individual as a subject of rights;

2) the family , which refers to the responsibility of individuals in the family nucleus (for example, matters about parental authority, guardianship and the financial regime of marriage);

3) heritage, which refers to movable and immovable property, economic relations between individuals or intellectual rights;

4) inheritance, which includes themes related to the will in its various forms or the legitimate succession of heirs.

At the same time, civil law allows men to organize themselves within society by carrying out profitable and non-profitable activities, creating different types of societies.

Civil law seeks to protect the human will within the framework of legality

A legal act is understood as the study of the human will aimed at what is lawful. In other words, for the human will to be legally recognized, a set of laws that support it is necessary, otherwise this will remains within men.

Civil law is very present in everyday life

Any individual can acquire property, marry, have children and make a will. All these actions are regulated in the field of civil law. In this sense, this branch of law organizes the lives of human beings from birth to death.

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