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Civil Law

Civil law is an international legal system that has its roots in mainland Europe. Roman law serves as the intellectual foundation for the civil law system, and its key concepts have been codified into a referable system, which is the main source of legislation. Civil law, or civilian law, also known as private law, is a legal system that developed and intellectualised within the common law framework. Its key feature is that its core principles are codified into a referable system that serves as the primary source of law. Civil law regulates disputes between private individuals or corporate entities, and it deals with issues like personal injury, contracts, property, inheritance, and family law. Civil law regulates disputes between private individuals or corporate entities, and it deals with issues like personal injury, contracts, property, inheritance, and family law.

Code of Civil Procedure, 1898

Specific Relief Act, 1877

Contempt of Court Act, 2012

Important Sections Listed by Tanveer Ahmed and Associates

Introduction:

In Pakistan, local people usually dislike the civil law system, due to some factors like complexity and delay in the conclusion of a trial, etc. Here, cases are mostly tried for more than 2 years, and due to such delay, people curse the civil legal system of Pakistan that they don’t get timely justice. So, let’s discuss what are the causes, and problems of our Judicial system and why people don’t get timely justice in civil cases.

First Problem

Firstly, if we look from the Judge’s perspective, I would say that it is not a piece of cake to decide civil cases, as people purposely produce forged documents, give false testimonies and even bribe government officials for producing and for not producing the required documents. So, in my humble opinion, I say that a Judge has to several steps of precautions, he has to check, and scrutiny, all the INs and OUTs of the case and should be well aware with all the latest laws and amendments, only once he could pass the decree anyone’s favor, due to which the matter gets delayed. So, I say that delay is not at the part of Judges, it is at the part of a complex legal system.

Second Problem

Secondly, in Pakistan, the parties purposely prolong the matter, as they don’t want the opposite party to get justice on time, so they purposely make hindrances in the Court proceedings, which ultimately delays the trial.

Critical analysis

Now talking about the complexity, I say that Pakistan follows laws made by the Britishers. We legal students are following old laws and not the latest ones, though the world is making great efforts in making new laws to resolve civil disputes of people, lawmakers don’t amend the laws, as they are not fluent in English, hence they fail to express their opinions. And the new laws, which the law makers make, suffer from many mistakes, as they are not well legally educated, as people don’t have reading habits!

Solution:

So, looking at the above facts, we should not blame anyone, in fact, we the legal students must own this system, instead of disliking it, we should make some changes in the system by fighting for the rights of the litigants, and for delivering the justice to the right person.

Suggestions/Recommendations:

Lastly, I would say that it is the litigant who suffers a lot in civil cases, criminal matters get easily resolved, but there is a need for landmark efforts from lawmakers to resolve the problems of the Civil law system of Pakistan.
Wahab Abid

Wahab Abid

The Lex Blogger