Q # 03: Explain the classifications of Civil Law.

1) Introduction
 Civil law is a law of state which is related to private and civilian affairs and it deals with in
violations and their remedies. The study of civil law started from Roman’s age. But the
advocates of the institution must never give up the struggle to define law. Civil law is a law
of state which is related to private and civilian affairs but different from international law.
Body of civil law can be divided into two parts, general and special law. General law consists
of the general law of the land . Special law consists of certain legal rules which are so special
in their nature for a particular area

2) Literal Meaning of Civil Law

 The part of the legal system which deals with personal matters, such as
marriage and property matters, rather than crime

3) Definition of Civil law

 Civil law is a body of rules established by a state, which deals with private rights and
remedies, and deals disputes between individuals in different matters such as property
matters, and family matters etc.

4) Classification of Civil law

Civil law has been classified into two following categories. Details are as under:

1. General law
 The general law of a country is a territorial law , which applies to all persons, acts, and
events with in the country and these are those legal rules whose judicial notice can be
taken by the courts

A. Types general law

Following are three types of general law.

a) Statute
 Statute law is written law which is approved by legislatures, parliaments
or elected members of assembly.

b) Equity
 It is a branch of law, when plaintiff goes to the King and complains about
the inflexibility of rules of law which prevented "justice" from prevailing.
 c) Common law
 Common law is written law which has been approved by Judges or judicial
precedents and it applies on the basis of customs

 Examples
 Examples of general law are the law of contract
 Or the Pakistan Penal Code.

2. Special law
 Special law is not a territorial law and it does not apply throughout the country. But it is
enforceable by the courts and court can take legal action but courts will not apply these
rules as a general rules

 Explanation
 The court may not or usually it does not know ,what a particular custom is
prevailed current
 The parties have to prove such kind of customs if they rely upon

B. Types special law

Following are the six kinds of special law. Details are as under:

i. Local law
 Local law is the law of the locality and not general law of the country
It has two types

A. Local customary law

 Local customary law is such law which has been derived from old customs
prevailed in the particular locality of the state

B. Enacted law
 Enacted law is such law which has been enacted by the local persons of the state

3. The conflict of laws

 The conflict of laws is also known as Foreign law
 For requirement of justice ,courts sometimes apply a rule of foreign law to
determine the rights and duties
 This is a branch of law which resolves cases which have an element of conflicting
foreign law.
 4. Conventional (Riwayeeti) law
 Conventional law is the mutual agreement of the parties
 It may between two states, nations, or companies such agreement is law only for
the parties not for other peoples

5. Autonomic law
 Autonomic law is such law which has been legislated by a private company,
university or other entity and such legislation having internal rules and regulations
in order to control their subordinates.

6. Martial law
 Martial law is such law which is administered in military courts
 It is elevated in emergency when civilian agencies unable to maintain public order
or safety .it has of three kinds:

1. It is the law for the discipline and control of the Army itself ,which is known as
Military Law
2. In the times of war, the law by which Army governs on occupied territory
3. The law which in times of war or other emergency ,the army governs the state
itself

7. Mercantile customs
 The Mercantile law is such law which deals with commercial activities of the
people of a country
 Mercantile law is consisted on rights and duties which is imposed by the state on
traders

8. International law as administrated in Prize courts

 Prize court which makes decision on the distribution of enemy ships, cargo and
vehicles captured in the times of war.
 Prize courts decide whether such caption was lawful or not. As well as courts
decided whether captioned item to be distributed or returned to its owner

5) Conclusion
 Both General and special law are the integral part of civil law. In General law
court is bound to take judicial notice. In special law court is not bound to take
judicial notice. Judicial notice enables a judge to accept a fact without proving it
through evidence