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Civil Laws and The Civil Court Cases in Pakistan: Civil Laws and The Civil Court Cases in Pakistan. Civil Lawyers are available to help you. Our civil lawyers practice civil law cases in Karachi, Islamabad and Lahore, Pakistan. Property laws, Contract Laws and Family Laws are the integral part of Civil Laws. Civil law expert lawyers are available for the civil court cases, as well as legal consultation and legal services at our Law company, You are welcome to visit any one of our law offices in Karachi, Islamabad or Lahore, as per your convenience. Bringing you an affordable, streamlined, easy and efficient way to formalize your documents in accordance with the laws of Pakistan. We pride ourselves on our transparency and accessibility, ensuring your time is well spent.
Civil law is the body of laws that govern the rights and responsibilities of citizens and non-criminal matters, including contracts and property. Civil law includes the rules and the enforcement of contracts, that govern disputes between individuals or groups that are not covered by criminal law. Criminal law applies to offenses against the state. Civil Law evolved from legal traditions and principles that govern private rights and remedies.
The definition of civil law varies depending on where you are in the world, but generally speaking, civil law is a set of rules that apply to Non-criminal matters like disputes between individuals and the enforcement of contracts are defined in civil law. Civil law governs disputes over how to divide property between two people who were once in a relationship, or how to enforce a contract. Civil laws define and govern private rights, such as property ownership or family relationships. Civil law refers to the fact that you can be sued for breaking a contract or causing damage or harm to another person.
In fact, civil Laws are the rules that govern our society. These rules help us know what we can and cannot do. They help us determine when a person has broken the law because they have hurt or harmed another person.
As, civil laws are laws that resolves disputes between individuals and this is in contrast to criminal law, which applies to disputes between an individual and society at large, or public law, which covers disputes between individuals and the state.
In the civil law system, the fundamental principles of law are codified in a referable system, serving as the main source of law. Litigation is the process of resolving disputes between individuals or corporations. As a whole, civil law covers matters such as personal injury, contract law, property law, inheritance law, and family law.
There are also some matters that can fall into both (civil and criminal) categories. For example, if someone is accused of stealing something, the case would be investigated by the police and result in criminal charges. However, if the victim wanted compensation for his or her loss, he or she would pursue a claim in civil court.
Everyone makes contracts, even if you don’t know you’re doing it. An agreement to sell something, for example, is a contract. When you agree to pay a certain amount of money for something, that’s also a contract. Many agreements in life are contracts, both written and oral. It’s important to understand the nature of these agreements because they can have legal ramifications if they’re broken or not honored as they were intended.
Contract laws pertain to agreements made between two or more parties in a binding agreement, where both parties intend to fulfill their end of the agreement. If one party does not fulfill its obligation, the other party has legal recourse against them.
Contract Laws are a set of rules that dictate when a contract is valid, and what happens if there’s a breach of contract. The most fundamental principle of contract law is that the contract must be entered into willingly by both parties; duress and coercion are not tolerated. Contract law also provides guidelines on what constitutes a breach of contract, and what the appropriate legal recourse is if there is a breach. Contract laws are established to govern the formation of legal agreements between two or more parties.
In simple terms, a contract is an agreement between two or more parties that creates an obligation to do (or not do) a particular thing in exchange for something else of value. These promises may be enforceable—meaning that the law will get involved if one side doesn’t fulfill their end of the bargain, but only when certain conditions are met. Contracts must be valid and legal; they must also contain certain elements: an offer and acceptance of this offer, consideration (a bargained-for exchange), mutuality (the intent by both parties to be bound by the terms), and capacity (the ability to enter into a contractual agreement).
An experienced civil lawyer/ attorney, should always be consulted about your specific circumstances.
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Contract law involves agreements between two or more parties, each responsible for fulfilling their part of the bargain. For instance, when two parties agree to lease an apartment, for example, a lease agreement is made. Rental agreements are made to the landlord by the Lessor in exchange for the use of the apartment. The act of breaching a contract occurs when one of the parties violates any of its provisions. The law of contracts is the body of law governing agreements between private parties which create mutual obligations enforceable by law. To be considered a legally binding contract, the agreement must satisfy the following fundamental elements:
Mutual assent, valid offer and acceptance, adequate consideration, capacity, and legality are an integral part of a contract. Naturally, an agreement involves the exchange of money, services, or goods. A contract can cover all aspects of a business, from hiring to salaries to securing employee rights to leasing and lending. One of the parties breaches the contract when they fail to fulfill their obligations. It is the law’s responsibility to provide a remedy in such a case, which typically involves the court system enforcing the contract or asking the erring party to compensate the affected party.
Civil law has as its primary objective to resolve disputes and compensate people injured by another’s conduct or actions. Crime law, on the other hand, relates to criminal offenses, with the purpose of preventing undesirable behaviors and punishing their perpetrators. Civil law involves lawsuits filed by the affected party. Under criminal law, government entities are responsible for filing charges. A victim can file a complaint, but a criminal charge will be decided by the government. A violation of criminal law is not only an offense against the government, but is also an offense against the public law as well. Civil law deals exclusively with private matters. It may be appropriate in some cases to file a complaint under criminal law, trusting the legal system to punish the wrongdoer with the prosecution, and file a civil lawsuit to seek compensation for the damages. As a category, civil matters include situations in which people interact with one another, such as a marriage or contract dispute between corporations. Civil cases allow individuals and businesses to sue one another.
Property law is a general term for the law that governs the ownership, sale, and transfer of property– tangible and intangible things that a person owns. Property law defines the rules between parties that are involved with buying and selling land or items. It covers many types of property, including:
Land, and the rights connected with it (such as trespass and nuisance) Property law deals with how each type of property can be owned (e.g., whether it can be divided), transferred (e.g., by sale or gift), mortgaged (e.g., for financing), used (e.g., for business purposes or exclusively for personal use).
Personal possessions (such as jewelry or household goods and other personal belongings, including intellectual property such as copyright and trademarks
Investments, such as shares
Money
Property law also concerns itself with who owns the property (this can be more than one person), what they can do with it, how they can lose it, and what duties others have in relation to the property. This last category includes inheritance or succession, which is governed by a special branch of property law called wills and estates. Property law also covers mortgages on land; easements or rights over private or public land; leaseholds: buying and selling land; tenancy agreements between landlords and tenants; adverse possession: where someone who does not have legal title to a piece of land may acquire ownership by habitually using someone else’s land for a specified period of time.
An agreement between two or more parties to do or not do something in exchange for an object of value. Contracts are legally binding agreements between two or more parties that can be enforced by law.
If a person wrongfully obtains your property, you have legal recourse against them to get it back or receive compensation for it.
Property law pertains to both real estate and personal property. There are tangible and intangible forms of personal property, such as jewelry, animals, and merchandise, as well as patents, copyrights, stocks, and bonds. Land, buildings on it, and anything beneath the surface of the land, such as oil and minerals, are considered real property. When a defendant involves physical or intentional interference with the plaintiff’s right to possession and use of their property, it is known as trespass to chattels.
When a defendant enters the plaintiff’s private property without the plaintiff’s consent, he or she has committed a trespass on the plaintiff’s property. In a conversion action, a defendant deprives a plaintiff of their property without their consent, then uses the plaintiff’s property himself.
Generally, family law is concerned with issues such as marriage, divorce, child custody, adoption, birth, child support, and other matters that concern families. This branch of civil law does not necessarily require that a person has committed a civil wrong. The family court is responsible for dividing up property and finances during a divorce, as well as establishing child custody, child support, and spousal support.
Family Law generally pertains to issues involving the rights and obligations of family members, paternity, spousal support, domestic violence, and juvenile delinquency cases. Family laws cover all legal aspects of intimate relationships between people of certain relationship statuses or roles. These also include child custody and paternity suits, such as those involving children born out of wedlock.
Islamic law governs all aspects of a Muslim’s life and is the basis for all family laws in Pakistan. The law is based on the Quran, hadith, and the sunna.
The Quran is the holy book of Islam, which Muslims believe to be Allah’s words as revealed to Hazrat Muhammad (PBUH). The hadith is Hazrat Muhammad’s actions and sayings as recorded by his followers. The sunna is an example of Muhammad’s way of life accepted by traditional Muslim law. Islamic law in practice is not completely consistent with these sources because local customs and practices prevail in many areas. The judiciary and religious leaders (Ulema) interpret these sources through their own experiences and prejudices, which may include local customs. Family Laws in Pakistan are divided into different categories such as:
This law pertains to the marriage, divorce, and maintenance of Muslim women. It provides for the following:
Polygamy: A Muslim man can only marry four women at a time as long as he is able to provide them with equal treatment.
Divorce by repudiation: A man can divorce his wife by saying “I divorce” three times in front of two witnesses.
In this Act, it is described that in order to dissolve his marriage, a husband must address the local court where his wife resides. If she does not reside there, then the court where she has lived for six months or more will be addressed. The grounds for dissolution are the same as those under the earlier Act and the procedures are similar except that an affidavit must be filed by the husband instead of a petition and the wife must be present at the hearing unless she has been divorced by her husband.
Family laws are governed by the Family Law Ordinance 1961, in Pakistan. The Act applies to all citizens of Pakistan regardless of their religion, caste, creed, or sect. The purpose of the act is to provide protection to women and children. The act provides for the procedure and grounds for divorce, child custody, maintenance, and guardianship. It also sets forth the procedure for registration of marriages and dissolution of marriage.
The Family Law (Amendment) Act was promulgated in 2004. The Act made certain amendments to Family Law Ordinance 1961 which were considered necessary for the protection of women’s rights and to ensure speedy disposal of cases involving family matters.
The Family Law (Amendment) Act 2010 came into force on March 14, 2011. It amended certain sections of the prior law, which had been criticized as being regressive and discriminatory towards women’s rights. Some important changes are:
Section 2(n) defines what a “talaq” means: a talaq may be either (i) Talaq-e-Ahsan; or (ii) Talaq-e-Hasan; or (iii) Talaq-e-Biddat. This new definition replaces the previous definition.
If you are involved in a family law case that is not going well for you or your loved ones due to the involvement of a third party or the other side’s attorney or lawyers in the case, then it is highly recommended that you hire the services of an experienced family law attorney who will be able to help you deal with the situation. This way, you will be able to get all your legal issues resolved without having to face any legal obstacles and inconveniences. We can offer you our professional legal service.
The first thing that an experienced family lawyer/attorney will do for you is taken care of all your legal needs, including helping you with all kinds of paperwork required for filing and handling your divorce proceedings. He/she will also help you prepare for a trial, where both sides will be given their own time to present their arguments in front of a Judge.
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Bringing you an affordable, streamlined, easy, and efficient way to formalize your documents in accordance with the laws of Pakistan. We pride ourselves on our transparency and accessibility, ensuring your time is well spent.
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