Key Features of Indian Civil Law
Nature of Civil Law:
It is concerned with resolving private disputes rather than punishing offenders.
Remedies often involve compensation, injunctions, or specific performance rather than imprisonment.
Sources of Civil Law:
Statutory Laws: Codified laws like the Indian Contract Act, Transfer of Property Act, and others.
Customary Laws: Recognized customs that hold legal authority in specific communities.
Judicial Precedents: Decisions by higher courts that serve as guiding principles for similar cases.
International Laws: Agreements and treaties adopted by India, such as those under the Hague Convention.
Types of Civil Laws
Contract Law:
Governed by the Indian Contract Act, 1872, it deals with agreements between parties that create mutual obligations.
Key elements of a valid contract include offer, acceptance, consideration, and lawful purpose.
Property Law:
Governed by the Transfer of Property Act, 1882, it regulates the transfer of property rights, including sale, lease, mortgage, and gift.
Real property (land and buildings) and personal property (movable assets) are covered under this domain.
Family Law:
Deals with personal matters like marriage, divorce, child custody, maintenance, adoption, and inheritance.
Different religious communities are governed by specific laws:
Hindu Marriage Act, 1955 for Hindus.
Muslim Personal Law (Shariat) Application Act, 1937 for Muslims.
Indian Christian Marriage Act, 1872 for Christians.
Parsi Marriage and Divorce Act, 1936 for Parsis.
Special Marriage Act, 1954 for interfaith and secular marriages.
Tort Law:
Governs civil wrongs where one party's actions cause harm to another (e.g., negligence, defamation).
Remedies typically involve monetary compensation.
Consumer Protection Law:
Governed by the Consumer Protection Act, 2019, it protects consumer rights against unfair trade practices, defective goods, and deficient services.
Consumers can approach forums like the District Consumer Forum, State Commission, and National Commission for redressal.
Employment and Labor Laws:
Address employer-employee relationships, covering aspects like wages, working conditions, and termination.
Important statutes include the Industrial Disputes Act, 1947 and the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
Intellectual Property Rights (IPR):
Govern the protection of creations of the mind, such as inventions, literary works, and trademarks.
Key laws include the Patents Act, 1970, Copyright Act, 1957, and Trademarks Act, 1999.
Environmental Law:
Aims to protect the environment and natural resources.
Governed by laws like the Environment Protection Act, 1986 and Air (Prevention and Control of Pollution) Act, 1981.
Company Law:
Governed by the Companies Act, 2013, it deals with the incorporation, functioning, and dissolution of companies.