After going through much in my childhood where we were evicted from our ancestral land just because we were poor, I become interested in civil war thinking that by studying and learning more about the law I would help bring justice to the poor and the society in general. The primary purpose of civil law in any state is to prevent undesirable behavior and punish who commit the act deemed to be undesirable by the society (Lin, 2016). As a result, I felt that civil law was perfect to give me the knowledge and skills I need to defend the poor who are the majority in the society.
Civil law is that part of the law of a country that is concerned with the private relations and daily interactions between members of the society and does not cover criminal, military or religious affairs. Moreover, civil war is a body of law of a state aiming to regulate ordinary people private matters, and it is widely influenced in various ways by Roman law especially as contained in the Corpus Juris Civilis (Grembi, 2013). The Civil law differs from other laws of the country such as criminal law through the type of action taken against the defendant and the type of remedy sought.
According to Tsai (2007), there have been changes in the civil law codes in the recent years in the areas of granting new rights, through the provision of solutions to old problems, there is the provision of clarification of old problems and certain objected and omitted from the codes. Moreover, the application of the law may result in various effects on the citizens and members of the society. According to the author, the application of Article 4(laws shall have no retroactive effect unless the contrary is provided) can have effects such as lex de future judex de preterito which means that the civil law provides for the future, the judge for the past (Tsai, 2007). Different articles may have different impacts when applied, but they are meant to maintain law and order as well as the morality of the society and to ensure that people live in harmony.
On the other hand, Solove (2014) civil law is the dominant law in most European countries. The author goes further to state that the Roman citizens to whom the law was introduced first were privileged to enjoy its provisions. It is believed that most countries that have adopted this law receive their legal systems from the Roman law. Moreover, the author states that civil law is the main source of the law is legislation and large areas are codified in a systematic manner and these codes contain very distinctive features of the roman legal systems. The nature of the codes used in this law calls for a liberal interpretation so that it may be in a position to serve as the basis of the decision in a new situation, events, and circumstances that may arise in the society (Solove, 2014). One of the paramount and significant characteristic about legislation of this law in the modern civil law is the importance associated with the preparatory works and drafters’ comments as well as the parliamentary discussion in various states around the globe.
Question 4 (A)
From the cited articles, it easy to show the correlation between the articles and the explanation provided regarding civil law. Civil law is one of the oldest laws in the world today as it dates back to the ages of Roman Empire and over the years, the codes of the law have constantly been changed to suit the needs and desires of specific countries (Fernandes, 2015). Due to the differences in the legal systems adopted by various countries, states may have different provisions of the civil war but still the basic purpose of the law is upheld, and it helps to punish the wrong doers and law breakers in the society. Moreover, the article shows that there is a close and positive relationship between the Roman legal system and the civil law adopted by various countries and thus in case of any confusion, the primary and initial codes of the Roman law can be consulted to give the way forward.
Question 4 (B)
The cited work shows to the extent and effect of the implementation and execution of the civil war that may be applied in other fields such as academic curiosity, application to a current issue related to employment, or any other professional rationale to bring justice and prevent the occurrence of misunderstanding. Civil law is widely used in the society as it relates to the daily interaction of the members of the society as they go about their duties both in their work environments and at home (Strong, 2015). Thus, proper execution of the law at all levels of the society without favoritism will bring justice and harmony to the members of the society irrespective of their backgrounds. Moreover, the legislature has the sole duty of refining and amending the law to suit the needs of the society.
Fernandes, E. C. (2015). Challenges in Applying IFRS in a Civil Law Tradition: The Example of Brazil. . Standardization of Financial Reporting and Accounting in Latin American Countries, , 126.
Grembi, V. &. (2013). Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation. Health Economics, Policy and Law, 8(04), , 423-452.
Lin, X. (2016). Regulation of Domestic Forestry Carbon Sequestration Trading by the Chinese Civil Law. . The Asian Business Lawyer, 17(단일호) , 55-73.
Solove, D. J. (2014). The FTC and the new common law of privacy. Columbia Law Review, , 583-676.
Strong, S. I. (2015). Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy. . Mich. J. Int’l L., 37, , 1.
Tsai, G. Y. (2007). Interactions of Plural Regulatory Forces within the Workplace: Two Case Studies of Labour Retirement Pay. NTU L. Rev., 2, , 51.