Monday, October 8, 2018

Classification of law part3

Classification of law

The financial law
The financial law is a branch of public law which deals with expenditure and the income of both the state and the public persons
The total of the public income and expenditure constitutes the state budget . The Wanted it means the act by which the outgoings and incoming of the state are predicted and authorised for a fixed period of time
Therefore, the science of finance studies the different methods by which public Pearson secure the resources necessary for the satisvacation of collective needs which these public persons are charged to fulfill and the rules to be followed while effecting these outgoing and incoming

Private law

Subdivision of private law
The private law as we have already mentioned comprises all the rules that Govern the relations of private persons among themselves family relations produced by Marriage and pecuniary and resulting from Exchange between individual the private law is composed of one main branch and three subsidiary branches which are detached from it .
The main branch is civil law the subsidiary branches are the commercial law, the law of civil and commercial procedures and the private international 

1. the civil law

The civil law is the principal branch of the private law and governs relations of ordinary citizens, these relations may affect the person himself and are called matters of personal status or may affect only his property and are called matters of real status
thus, civil law is divided into classes the law of person and the law of things
The law of persons or the family law deals with legal capacity, marriage and divorce rights and duties of parents towards their children guardianship
The law of things deals with ownership obligations, special contracts sale ,insurance, lease...etc

2. Commercial law

Commercial law is the law which deals with trade in general ian's rules which regulate the relations among merchants such as partnerships and companies bills of exchange, commissions, agency ,bankruptcy
Commercial law is not so general as civil law it does not relate to the generality of the members of the State

3. The law of civil and commercial procedures

The law of procedures is generally considered as a branch of private law it deals with actions by which rights can be enforced or defended before courts it contains the rules which organise courts the conduct of the law by which the individual to protect his rights as stipulated in the civil or commercial law and the methods of the execution of judgements

4. Private international law

Private international law contains the rules which determine the law to be applied and the court within whose jurisdiction the matter lies.
The necessity of determining such law and such Court arises when there is a special relation containing a foreign element
thus if an English man buys a piece of land situated in France belonging to the Egyptian what is the law which governs the sale?
Is it the English law Egypt Sharia law or the French law? And if a controversy arises between the buyer and the seller what are the gorgeous which have jurisdiction about the controversy? The English courts? The Egyptian courts or the French courts?
It is the function of private international law to determine the law to be applied in the court before which the case must be examined
It governance early relations of a special class namely the legal business transactions carried out by merchants whether between themselves or with their clients

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