Look no further if you’re in search of knowledgeable and best civil lawyers in Navi Mumbai. Our group of knowledgeable lawyers is dedicated to providing comprehensive legal services that are tailored to your unique needs. Whether a civil action involves property disagreements, contract disputes, or other issues, our lawyers are trained to offer the finest possible counsel and advices. You may count on us to manage the intricacies of civil litigation and deliver noteworthy results.

Meaning of Civil Law

The word “Roman law,” also known as Romano-Germanic law, comes from the ancient Roman phrase “jus civile,” which meant “citizens’ law” and was used to refer to the laws that were formally passed in Rome.

Civil law is a body of rules or regulations that addresses individual civil or private rights rather than the interests of the public at large. It is typically organised and mostly concentrates on the interpersonal interactions between two or more persons.

Later, ideas from the Corpus Juris Civilis dispersed over Europe. Even if its impact has decreased, it nonetheless forms the basis of contemporary civil law systems across the globe.

Features of Civil Law

The following are the main characteristics of civil law:

Concerning citizens’ private rights

Citizens’ rights are the only thing that Civil Law addresses. Any legal relationship or disagreement over obligations between two or more people or legal entities is covered by it. Those who reside in a state that enforces compliance by legal means find pleasure in it. Civil law seeks to achieve two objectives:

  • Keep citizens’ rights from being violated, and
  • In the event of an infringement, restore citizens’ rights.

Codification

Civil laws in India are almost usually codified legislation. Codified civil law is a body of laws consisting of numerous articles that are sufficiently flexible to be used in certain situations.

The benefits of civil law codification are as follows:

  • It increases the certainty of law in a legal system,
  • It is clear and specified, as opposed to hazy customary laws, which increases citizens’ trust in the judiciary,
  • It facilitates law study by allowing specific provisions to be easily and systematically remembered and applied; and
  • It is easily adaptable to the changing needs of the state

Civil liability

The legal need for an individual to make restitution to another person or their property is known as civil liability. When someone hurts another citizen in a civil dispute, they have to pay compensation.

There is a one-to-one duty of recompense under civil law. On the other hand, a criminal who violates criminal law and causes harm to society may be fined or punished.

Subjective application

The extent to which civil laws are applied may vary subjectively depending on the territory, citizens, etc.

Civil law branches in India

A wide range of legal issues pertaining to the rights and obligations of citizens are covered by the enormous body of civil law. Several prominent branches of civil law exist, some of which are listed here:

Contract Law

A subset of civil law known as contract law is responsible for enforcing, interpreting, and regulating contracts involving the exchange of products, services, property, or money. In addition to providing remedies to the party that was harmed, it bestows rights and obligations on the contractual parties. Additionally, contract law outlines the procedures for pursuing legal remedies.

Section 2(h) of the Indian Contracts Act, 1872, defines a contract as “an agreement enforceable by law” and governs contract law in India. The Indian Contract Act of 1872 created numerous contract kinds, such as agency, indemnity, and bailment. It also indicates if a contract is valid, voidable, or voidable.

Property law

Property law is the branch of civil law that deals with citizens’ property, controlling their rights to use or transfer it as well as their restrictions when utilising other people’s property.

Personal property comprises items such as vehicles, furniture, stocks, and other transportable and tangible (or intangible) objects, whereas real property refers to immovables such as land, buildings, and other immovables.

The Transfer of Property Act of 1882, the Indian Contract Act of 1872, the Indian Easement Act of 1882, and other acts control property law in India.

Family law

The interactions and ties among members of a particular family are governed by family law. It lays down the responsibilities and rights of family members in relation to things like maintenance, adoption, marriage, and divorce.

Family law in India is governed by a number of statutes, including the Hindu Marriage Act of 1955, the Indian Christian Marriage Act of 1872, the Dissolution of Muslim Marriages Act of 1939, the Muslim Women (Protection of Rights on Divorce) Act of 2019, and others.

Tort law

A tort is a civil wrong committed by someone or something against another that causes physical harm or property damage. Civil tort law is usually uncodified and permits the victim to sue the offending party for damages. Defamation, negligence, and trespassing are a few examples of torts.

Cases handled under Civil Law

In general, there are four types of civil law cases:

Tort claims

A tort is a civil wrong committed by one person or entity against another that causes him bodily harm or property damage. Tort claims are classified as follows:

  • Negligence: Negligently causing harm or damage;
  • Intentional: Intentionally causing harm or damage.
  • Strict liability: Causing injury or damage due to failure to keep something the wrongdoer possesses safe (or preventing it from escaping).

Tort claims include the following:

  • Professional negligence,
  • Trespass,
  • Animal attacks (e.g. dog bites),
  • Defamation, etc.

Contractual claims

Contractual claims arise when one or more parties fail to fulfil their contractual obligations. Examples of contractual breaches include:

  • Disputes over the sale of property,
  • Sale of a defective product,
  • Non-payment of money,
  • Violation of contractual conditions, etc.

Equitable claims

Injunction suits are another name for equitable claims. The goal of these cases is to prevent someone (a person or a company) from doing anything, not to get rewarded. If there are equitable claims, the court has the authority to direct the wrongdoer to:

  • Stop the action,
  • Change the course of action, etc.

Class action claims

A class action claim is, as its name suggests, a lawsuit brought by a number of harmed parties. Usually, companies are the target of these kinds of lawsuits. A class action lawsuit could be filed, for instance, if:

  • A company sells hazardous products
  • Someone defrauds a group of people.

How do I know if I need a civil lawyer?

Get legal advice from civil litigation lawyers prior to filing a lawsuit. They are aware of which cases have the best probability of success and are educated about the procedures and supporting documentation. You can get counsel from a litigation advocate regarding whether, in some cases, alternative dispute resolution is a preferable option.

If you’ve been fighting a losing battle to settle a dispute, a civil lawyer could be able to help. A civil lawyer works to help you get justice while putting pressure on the other side to admit guilt.

Why hire a civil lawyer?

Not all civil law firms or solicitors concentrate only on redressing wrongs throughout the nation. They also work to atone for wrongs done to specific people. A civil attorney typically represents parties in cases relating:

  • Divorce
  • Trusts
  • Wills
  • Contracts
  • Mortgages
  • Titles
  • Wills
  • Personal injury
  • Workers Compensation

They also handle corporate, personal injury, and civil rights cases. In several other instances, solicitors are on hand to provide guidance to those handling intricate processes.

How can a lawyer help?

Civil lawyers are necessary in civil cases. Their primary responsibility is to gather the evidence needed to present your side of the story to the other side and, if needed, the judge. Because of their experience dealing with these issues, they find evidence that you might not even look at.

In addition to proving what occurred, they also want to know why it occurred in order to prevent it from happening in the future.

While gathering evidence, a civil lawyer hears your side of the story and considers how you would like to come across to the opposition. In this regard, district or criminal advocates are less interested with serving your interests and more focused on punishing misconduct than are civil lawyers.

Finally, a civil lawsuit seeks justice for you rather than punishment for the other party.

Services our professional team of civil lawyers provide

  • Appearance before various competent authorities in all commercial and civil proceedings,
  • Drafting and submitting multiple documentation, such as deeds, plaints, and applications
  • Property-related documentation, such as sale deeds and memorandums of understanding.
  • Filing trademark and copyright applications, as well as handling trademark litigation in various courts
  • Negotiate settlements in legal cases, property disputes, and so on.
  • Family Law, Constitutional Law, Service Law, Company Law, Insolvency, Banking and Finance Law, Wills and Probate, etc.
  • Keep our clients updated on any changes or updates to the law.