The civil law is the most important branch of private law, and is specifically detailed in most of the world's civil codes. It is understood as the set of rules that regulate relationships, rights and the obligations of individuals 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 commercial, and it is the same area in which both things are treated: in fact, the full name of the civil code is the Civil and Commercial Code.
See also: Examples of Public, Private and Social Law
In this way, it is prudent to think that civil law is fundamentally constituted on the basis of three institutions:
- the person (with the sum of their rights and obligations, their capacity, nationality and other attributes);
- the family (the related legal consequences of family relationships);
- the heritage (the set of goods belonging to a person).
A civil lawsuit is a type of claim filed by an individual, and that aims to demand the recognition of established rightslegally or the declaration of subjective rights, as well as the reparation of damages derived from the violation of rights.
The importance of the civil code acquires a fundamental character in the case of civil lawsuits, since exactly what is provided in that code is what concerns this class of lawsuits: when it comes to actions regulated by the criminal code, the criminal jurisdiction will be the in charge of taking the demand.
The realization of a civil claim is a serious procedure in which the intervening parties, the facts and the legal grounds accused by the person making the 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 a hearing 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 he agreement does not occur, it will surely go to 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.
Civil law, then, intervenes in a really uncomfortable situation for the State, which is the internal relations of the family.
This often brings serious problems, and to avoid lapsing in judicial regulation, the legislation often includes specific elements to remove obstacles for women or girls to file complaints against their husbands or parents, or eliminate spousal consent requirements for women to 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.
Here is a list of typical civil law demands, 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 honorific rights of the person.
- Lawsuits regarding unfair competition.
- Lawsuits on urban leases.
- Lawsuits requesting food owed 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 result in damages for the plaintiff.
- Demand to claim the collection of a bill of exchange, check or promissory note.
