Sources of law and branches of law

From the aspect of their sources, laws are traditionally divided into two main categories according to the form in which they are made. They may be written or unwritten. ‘Written’ law means any law that is formally enacted, and ‘unwritten’ law means all unenacted law (for example, judicial decisions and customs).

Every independent country has its own system of law. But most systems can be classified as a common-law system or a Roman-law system. Great Britain (except Scotland), most of the United States, Australia and other English-speaking countries have a common-law system. Most continental Europe and Latin America have a Roman-law system. Many countries combine features of both systems.

In common-law systems unwritten law is predominant, as more of their law derives from judicial decisions than from legislative acts. These decisions are called precedents

Manycontinental countries with Roman-law systems havecodified much of their law; on the Continent, written law dominates over unwritten. In Roman-law countries, such as France, Germany, Mexico and others, the statutes, not the courts, provide the final answer to any question of law.

Many countries have both Roman law and common law. For example, Japan and most Latin American nations.

Law can be also divided into two main branches: (1) private law and (2) public law. Private law deals with the rights and obligations people have with one another. Public law concerns the rights and obligations people have as members of society and as citizens.

Private law can be divided into six major branches: (1) contract law, (2) tort law, (3) property law, (4) inheritance law, (5) family law, and (6) company law.

Contract law deals with the rights and obligations of people who make contracts. (A contract is an agreement between two or more persons that can be enforced by law.)

Tort law deals with the rights and obligations of the people involved in torts. A tort is a wrong or damage that a person suffers because of someone else’s action. The action may cause bodily harm, damage a person’s property, business or reputation; or make illegal use of a person’s property.

Property Law concerns the ownership and use of property. (Property may be real, such as land and buildings, or personal, such as a car and clothing.)

Inheritance law concerns the transfer of property after the death of the owner. (Inheritance laws list the relatives or other persons who have first rights of inheritance. Inheritance law also sets the rules for making wills.)

Family law determines the legal rights and obligations of husbands and wives and of parents and children. It covers such matters as marriage, divorce, adoption and child support.

Company law deals with the formation and operation of business corporations or companies.

Public law can be divided into four branches: (1) criminal law, (2) constitutional law, (3) administrative law, and (4) international law.

Criminal law defines crimes and sets the rules for the arrest, the possible trial, and the punishment of offenders.

Constitutional law covers the principles outlined by the constitution and conflicts between the constitution and other laws.

Administrative law centers on the operation of government departments.

International law deals with the relationships among nations both in war and peace.

Дата добавления: 2015-07-24