2 CIVIL LAWa legal system prevalent in continental Europe that is based on written codes(in this sense contrasts with the common-law system used in England and most of the United States)an area of law governing disputes between individuals(as opposed to criminal law)
3 CIVIL LAW (as a branch of law) and its SUBCATEGORIES IN COMMON LAW SYSTEM-an area of law concerned witha) relations between private individualsb) non-criminal relations between governments and private individuals or other entitiesSubcategories:Law of contractLaw of tortsLaw of propertyLaw of successionFamily law Revenue law; Patents and copyright; Trade unions; Administrative lawIN CIVIL LAW SYSTEMS-an area of private lawregulating relations between individualsBasic brances:Law of propertyLaw of obligations (Contract law)Law of sucessionNew branches:Law of securitiesCommercial lawCopy-right lawInsurance law
4 PARTIES IN A CIVIL LAWSUIT PLAINTIFF(CLAIMANT)the party bringing acivil action (filing a claim) – the injured partyDEFENDANT- the party against whom an action is brought (a claim filed)
5 THE LAW OF CONTRACT CONTRACT Subcategories of the law of contract: CONTRACT= a legally binding agreement made between two ormore persons, by which rights are acquired by one ormore to acts or forbearances on the part of the otheror othersSubcategories of the law of contract:1. shipping contracts,2. hire purchase,3. sale of goods etc.
6 NOT PUNISHABLE BY THE STATE THE LAW OF TORTSTORT = a less serious civil wrong committed byone citizen against anotherØ serious enough to merit the award of compensationto the injured partyØ not serious enough to amount to the breaking of thethe criminal lawCIVIL LIABILITY NOT PUNISHABLE BY THE STATEOffender tortfeasorAction taken by the injured party
7 SUBCATEGORIES OF TORTS 1. Negligence2. Nuisance3. Defamation4. Intentional torts5. Statutory torts6. Economic torts7. Competition law
8 NEGLIGENCEan unreasonable breach of duty by one person to anotherthe failure to take reasonable care to avoid foreseeable injury to othersExample:the modern law of negligence started with a decomposed snail contained in a drink consumed in a public bar; the manufacturer was sued by the consumer for her consequent illness
9 NUISANCEunreasonable interference with a person’s use or enjoyment of propertyExample:Jones v Powell A brewery made stinking fumes waft to neighbors’ property, damaging his documents. Because he was a landowner, the neighbor sued in nuisance for this damage
10 DEFAMATION - tarnishing the reputation of someone (making factual assertion for which you cannot provide evidence of its truth)LIBELdefaming somebody throughprint or broadcastingSLANDERspoken defamation
11 INTENTIONAL TORTS any intentional acts that are reasonably foreseeable to cause harm to an individualAGAINST THE PERSONassaultbatteryfalse imprisonmentintentional inflictionemotional distressfraudPROPERTY TORTStrespass to landtrespass to chattelsconversion
12 Other torts STATUTORY TORTS - created by the legislature, not the courts - workplace health and safety laws and health and safety in food produce (consumer protection - Product Liability Directive in the EU)ECONOMIC TORTS- protect people from interference with their trade or business (eg. trade libel, conspiracy, inducement of breach of contract etc.)COMPETITION LAW (ANTI-TRUST LAW)- an important method for regulating the conduct of business (the abuse of market power by monopolists, or the substantial lessening of competition through merger, acquisition, or concentration of enterprises)
14 ESSENTIAL EXPRESSIONS a torta plaintiff/claimanta defendantto bring a civil actiona wrongnegligencenuisancefalse imprisonmentassault and batterytrespass to propertytrespass to chattelsdefamationslanderlibela remedyan injunction
15 pravno obvezujući ugovor nečinjenje Read the text and find the English equivalents for the following Croatian legal terms:građanski deliktpravno obvezujući ugovornečinjenjedodjela naknade/odštete; dodijeliti/dosuditi odštetunaknada štete čiji iznos određuje sudgrađanska pravna odgovornost; smatrati odgovornimoštećena stranakršenje ugovoraosoba koja neovlašteno ulazi na tuđe imanje;počinitelj deliktapravična obvezatužiti za nemar
Your consent to our cookies if you continue to use this website.