Civil Law Cursuri

The system of law The system of law consists of branches of law which are legal rules linked by their object. Legal rules that have the same content of commandments form a juridical institution. All legal rules are linked together in a system of law. The main div ision of law is a) internation al law b) National law (domestic law) The second division a) public law b) rivate law Internatio na l pu bl ic la w regulates the rela tio nships bet ween stat es and bet ween int ernational organi!ations (s. a. "nternational #ourt of $ustice). The rules are national% laid down by national parliaments. Int ernational private law regula tes rela tionsh ips bet wee n ind ivi dua ls und er the juri sdi cti on of different states or who have goods&interests in different states. National system of law. There are several criteria used in order to make a distinction between public and private law. ') "s the stat e invol ved in an y way in t he relat ion regu lated by t hat bran ch of law ) Are the part ies of such a relat ion in a posit ion of e*u ality or is on e of the partie s domin ant Public law consists of rules related to the organi!ation of the state and public authorities% rules that regulate the relationships between the state and citi!ens. The main feature of these juridical relationships is that the parties are not e*ual from a juridical point of view. The state always acts with authority. ublic law covers different law such as+ • #onstitutional law • Administrative law • ,inancial law • #riminal law Private law. #onsists of rules referring to relatio nship s betwe en individuals% citi!ens. The parties of private law are natural or legal persons and are absolutely e*ual from a juridical point of view. "n -omania legal system there eist the following branches of private law+ • #ivil law (the main branch) • #ommercial law • Labour law • ,amily law There are codes for each branch+ • #ivil code • #ommercial code • Labour code • ,amily code The Civil Code is the oldest in -omania. "t was adopted in '/01. "t is still enforced today. "t was part of the Napoleon #ode (,rench). There is a special relation between #ivil Law and the other branches of rivate Law. 2riginally #ivil Law was the only branch regulating relations between individuals. 2nly in the last '3 th century some special rules were adopted in order to regulate the relations between certain individuals (employers% employees). "t means that whenever we have no rule in one of the other branches of law for a specific situation the solution will be to apply the general rule of civil law. As a general definition% Civil Law is considered to be the branch of law which regulates the patrimonial and the non-patrimonial relationships between parties that are legally equal . '

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Civil Law Cursuri