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Thursday, August 8, 2013

CIVIL LAW CLASSIFICATION

1. Introduction:
In the words of Thurman Arnold "obviously law can never be defined with the same obviously, but needless to say that these adherents of the organization must never give up the struggle to define the legal law. " According to Salmond, the entire body of law can be divided into two parts, general and special laws. Common law, including common law or common land. Special legislation includes a number of other agencies of legal rules that are very special and particularly in essence, origin or their application that it is convenient to treat them as standing outside the law says common and normal.

2. DISTRIBUTION OF CIVIL LAWS:
Sir Johr Salmond civil law classified into two parts:

A) Common Law
B) Special Law

I. COMMON LAW:

Common law of a country is its legal territory, as the law applies to everyone, objects, actions and events in the territory. It includes the legal rules are to make informed trial court whenever there is any chance for their applications.

(1.1) the shape of the general law:

General Laws of three shapes:
(A) Legal Regulations
(B) Equity
(C) common law

(1.2) For example:
For example, the general law is the law of contract, the Pakistan Penal Code.

II. SPECIAL LAW:
That part of the law that there is no general application in the country, but also enforced by the law courts are special. It includes the legal rules that courts will not recognize and apply them as a matter of course, but proved to be special and gives notice of the Court by the parties concerned with the their receipt.

(I) Author:
Courts can not and usually does not know what a particular custom. The parties must demonstrate a custom so if they are relying on.

3. SPECIAL KIND OF LAW:
Salmond mentions six types of special legislation outside the general rule.

(1.1) local law:
Local law is local law and not the law of the country. It has two types:

(A) local customary law
(B) Legislation

(A) Local Customs Law:
It is the law that is derived from the ancient customs prevail in the particular locality of the state.

(B) The law:
It means that procedures such laws from the local legislative body.
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(1.2) The conflict of laws:
The conflict is also known as the law of foreign law or international law. Expediency and justice sometimes require city courts shall apply the provisions of foreign law to determine the rights and obligations of the parties before it.

(1.3) common law:
Common law arising from the agreement between the parties it can for example, the rules of a club or a company's Charter.

(1.4) autonomous rules:
The law was meant autonomy law species including its origin in the different forms of subordinate legislatures owned by individuals and human institutions. Such forms of law enforcement in court, but it is not the general application example, the laws of the university, the railway company, etc.

(1.5) martial law:
Martial law is the law of the court management is maintained by the military government. It has three types:

(A) This is the law of discipline and control of the military itself and is often called military law.

(B) According to the law, which governs the military during the war occupied territory, outside the field.

(C) The law that in time of war or other emergency, the military dominates the field itself impede civil law.

(1.6) International law as administrated in court awards:

It is a special kind of law are handled by the courts award during the war. French law prizes are part of the law which regulates the practice of arresting cargo ships and the sea in time of war. French law prizes is a branch of civil law. It has two characters.

(A) is the international law as it prevails among nations.
(B) the civil law as it is administered in the civil courts.

(1.6) exchange of customs:
A special kind of law including wage trade body called the law merchant. Law relating to Hundis derived its origin from customs trafficking.

4. Conclusion:
To conclude, I can say, both cost and especially the law department or law Corpus Juris. According to Salmond, the test of the difference is that judicial notice. By judicial notice means any knowledge that owns and court action as opposed to the knowledge that courts are obliged to buy the strength of evidence for the purpose of producing this. In the General Court of law is bound to be a while judicial notice of the special law is not necessary.

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