The term "civillaw" refers to the body of law that governs relationships between individuals, as opposed to criminal law. The spelling of this word can be broken down phonetically as "sɪvɪl lɔː", with the emphasis on the first syllable. The "c" is replaced with an "s" because "civil" is pronounced with an "s" sound. The double "ll" represents the same sound as a single "l", but is used to indicate that the preceding vowel should be short. The final "w" is silent.
Civil law refers to a legal system that is based on a detailed code of laws, typically designed to regulate relationships between individuals or private entities. It is also known as Roman law or continental law in some jurisdictions. Unlike common law systems that rely heavily on judicial precedent and case law, civil law is centered around written legal codes and statutes. These legal codes outline the general principles and rules that govern various aspects of civil society, such as contracts, property, family law, torts, and obligations.
Civil law is typically characterized by an inquisitorial process, in which judges take an active role in investigating the facts of a case and may seek expert opinions. It aims to achieve fairness and justice by providing legal certainty, uniformity, and predictability. Civil law systems often prioritize the idea of "legal rights," which are enforceable claims granted to individuals under the law. Compensation for damages is a common remedy in civil law cases, as the primary goal is to restore the affected party to their pre-damage status.
Civil law differs from criminal law, which deals with offenses against the state or society as a whole. However, civil law may intersect with criminal law in cases like fraud or negligence, where both criminal charges and civil lawsuits can be pursued simultaneously. Civil law jurisdictions, such as those found in many countries in Europe and Latin America, rely on a systematic and comprehensive codification of laws to enforce civil rights and resolve disputes between individuals.
The term "civil law" originated from the Latin phrase "ius civile", which means "law of the citizens" or "civil law". The Latin phrase itself stems from the word "civis", meaning "citizen" or "member of a community". The concept of civil law was developed by the ancient Romans, and it referred to the laws and legal systems that governed the rights and duties of individuals within a society.
Over time, the term "civil law" has been adopted and adapted by various legal systems around the world, particularly those influenced by Roman law. It typically refers to the legal framework that governs private relationships between individuals, such as contracts, property, torts, family law, and other non-criminal matters.
It's worth noting that "civil law" is often contrasted with "common law", which developed in England and spread to many English-speaking countries.