Kazakh Ablaikhan university of international relations and world

Kazakh Ablaikhan university of international relations and world languages Civil Law Beibit Aiymgul Karbuzova Gulnur 318 group

What is “Law”? It is possible to describe law as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members, so Law is a formal mechanism of social control. Legal systems are particular ways of establishing and maintaining social order.

There are some definitions about law John Austin (English jurist born 1790) «Province of Jurisprudence Determined» «A rule laid down for the guidance of an intelligent being by an intelligent being having power over him. » «A body of rules fixed and enforced by a sovereign political authority. » Professor Hart (Oxford Professor of jurisprudence, born 1907) «The Concept of Law» (1961) Hart defined law as a system of rules, a union of primary and secondary rules.

Did you know that… A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law. Civil law systems, which trace their roots to ancient Rome, are governed by doctrines developed and compiled by legal scholars. Legislators and administrators in civil law countries use these doctrines to fashion a code by which all legal controversies are decided.

Origin of law The civil law system is derived from the Roman Corpus Juris Civilus of Emperor Justinian I; it differs from a common-law system, which relies on prior decisions to determine the outcome of a lawsuit. Most European and South American countries have a civil law system. England most of the countries it dominated or colonized, including Canada and the United States, have a common-law system. However, within these countries, Louisiana, Quebec, and Puerto Rico exhibit the influence of French and Spanish settlers in their use of civil law systems.

Differences between civil law in the United States and Kazakhstan. In the United States, the term civil law has two meanings. One meaning of civil law refers to a legal system prevalent in Europe that is based on written codes. Civil law in this sense is contrasted with the common-law system used in England most of the United States, which relies on prior case law to resolve disputes rather than written codes. The second meaning of civil law refers to the body of laws governing disputes between individuals, as opposed to those governing offenses that are public and relate to the government—that is, civil law as opposed to Criminal Law.

In Kazakhstan civil law includes all cases except for criminal and administrative. Civil law based on civil code.

The civil legislation shall regulate goods and monetary relations and other property relations based on the premise of equality of the participants, as well as personal non-property relations linked to property relations. The participants of the relations regulated by the civil legislation are the citizens, legal entities, state and administrative and territorial units

THANK YOU FOR ATTENTION!!!