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The place of civil law in private law - The law of exception.

A) The place of civil law in private law

Originally civil law almost overpowered instead of private law, but we shall see, gradually the civil law is going to have some of its branches will detach. But civil law remains what is called common law. The rules of the civil law will apply in priority. New needs, new relationships will appear and we will need to specialize in disciplines. Exception will be called the law law other than the Civil Law.

Example: in our society, consumption has a key role, then in 2000 the Consumer Code was created ; it is a branch that broke off of civil law. The trunk (civil law), this will be the common law, and branches the exception of Law.

1) The common law.

Civil law (common law) includes all the rules on the privacy of individuals in their personal relationships, these relationships they can have as much on the family level as on the professional level. And in civil law, we will find several types of law: the law of persons, family law, contract law, property law, the law of matrimonial property regimes. The common law does not affect any special rules.


The right of persons: when one is born, it has acquired legal personality which we were allocated a first name and a surname ...

Family law: one is interested in relationships with each other, such as with marriage (age criteria ... of gender differentiation).

2) The law of exception.

Commercial law will determine the status of merchants, business activity, the relationship between traders. In the Civil Code there is a part that deals with contracts between individuals but, in trade, we have other needs (speed, certainty ...) and the civil code does not provide the trader. Gradually, they built their own rules which became detached from the civil law term to form an autonomous code, hence the birth of commercial law. Inside this commercial, other rights have emerged. The changes in society have made the creation of necessary

new branches of law including right here with the air, maritime, and it goes to law firms in difficulties which have also seconded civil law into a law of exception. Rural is a right that includes special rules that derogate from ordinary law, particularly when referring to sharecropping or tenant farming. Employment law is a law of exception, labor relations have developed and with them the need to create special rules which derogate from ordinary law (dismissal, talks). Example: criminal law and private international law.

Gradually the exception of law encroaches on common law and takes more and more space. It must be remembered that the place of civil law is predominant in private law; Indeed, the civil law applies in principle to govern matters of private law.
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