Introduction to the Civil Law in Pakistan

Civil law in Pakistan is a branch of law that deals with disputes and conflicts between individuals, organizations, and the state.It is different from criminal law, which deals with crimes and punishments, and is considered as a private law as it deals with private rights and obligations.

 

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The main purpose of civil law is to provide a legal framework for resolving disputes between individuals, organizations, and the state in a fair and impartial manner.

 

The civil law system in Pakistan is based on the British common law system, which was inherited from the colonial era. The Constitution of Pakistan, which was adopted in 1973, lays down the basic principles of civil law in the country. The constitution guarantees equal protection of the law to all citizens, regardless of their religion, race, or gender. It also guarantees the right to a fair trial, which is an essential aspect of civil law.

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The judiciary in Pakistan is responsible for interpreting and enforcing civil law. The Supreme Court is the highest court in the country, and it has the power to review and overturn the decisions of lower courts. The High Courts are the next level of courts, and they have the power to hear appeals from the lower courts. There are also district courts, which are the primary courts for hearing civil cases.

 

The Civil Procedure Code (CPC) is the main law that governs civil litigation in Pakistan. It lays down the rules for the initiation, conduct, and disposal of civil cases. The CPC also provides for various modes of alternative dispute resolution, such as mediation and arbitration, which can be used to resolve disputes without going to court.

 

The Pakistan Contract Act, 1872, is the main law that governs contracts in Pakistan. It lays down the rules for the formation, performance, and enforcement of contracts. The Act applies to all types of contracts, including contracts for the sale of goods, services, and land. It also provides for the remedies that are available in case of a breach of contract.

 

The Pakistan Evidence Act, 1872, is the main law that governs the admissibility of evidence in civil cases. It lays down the rules for the production, examination, and weight of evidence in court. It also provides for the rules of evidence in cases involving electronic records, documents, and witness testimony.

 

The Pakistan Limitation Act, 1908, is the main law that governs the time limits for bringing a civil claim. It lays down the time limits within which a civil claim must be brought, and it also provides for the rules for calculating the time limits.

 

The laws of torts in Pakistan are governed by the Pakistan Penal Code and the Pakistan Tort Ordinance, 1979. Torts are civil wrongs that arise from a breach of a legal duty, and they include such things as negligence, defamation, and nuisance. The Tort Ordinance provides for the remedies that are available in case of a tort.

 

The laws of property in Pakistan are governed by the Pakistan Transfer of Property Act, 1882, and the Pakistan Easements Act, 1882. The Transfer of Property Act lays down the rules for the transfer of property, and it also provides for the rights and obligations of the parties involved in a property transaction. The Easements Act lays down the rules for the creation, termination, and enforcement of easements, which are rights to use another person's land for a specific purpose.

 

In conclusion, civil law in Pakistan is a complex and dynamic system that plays a crucial role in resolving disputes and conflicts between individuals, organizations, and the state. The main purpose of civil law is to provide a legal framework for resolving disputes in a fair and impartial manner.