Civil Law

Learn about Property Law, Family Law, Contract Law, and Torts.

📜 Civil Law of India

🔹 Introduction to Civil Law

Civil law deals with disputes between individuals, organizations, or entities where compensation or a legal remedy is sought rather than punishment. It protects private rights and provides mechanisms for resolving disputes. In India, civil law covers contracts, property disputes, family matters, consumer rights, corporate disputes, and torts (civil wrongs).

Contract Law

Indian Contract Act, 1872

Property Law

Transfer of Property Act, 1882

Family Law

Personal Laws & Special Marriage Act

Consumer Law

Consumer Protection Act, 2019

Tort Law

Civil Wrongs & Compensation

Corporate Law

Companies Act & Business Laws

Intellectual Property

1️⃣ Contract Law (Indian Contract Act, 1872)

🔹 Essentials of a Valid Contract (Section 10)

Offer and Acceptance – One party makes an offer, the other accepts
Lawful Consideration – Something of value must be exchanged
Free Consent – No coercion, fraud, undue influence, or misrepresentation
Competency of Parties – Contract must not be illegal or against public policy
Lawful Object – Both must be legally capable of entering into a contract

🔹 Breach of Contract & Remedies

Damages (Compensation for loss) (Section 73-75)
Specific Performance (Court orders contract fulfillment)
Injunction (Restraining a party from doing something)

2️⃣ Property Law (Transfer of Property Act, 1882 & Other Laws)

Property law deals with ownership, transfer, and disputes over land, houses, and other assets.

🔹 Types of Property

Movable Property

Cars, jewelry, furniture
Governed by Sale of Goods Act

Immovable Property

Land, buildings
Governed by Transfer of Property Act

🔹 Property Transfer Modes

Sale (Section 54) – Permanent transfer for consideration
Lease (Section 105– Temporary transfer with periodic rent
Mortgage (Section 58-104)– Pledging property as loan security
Gift (Section 122-129) – Voluntary transfer without consideration
Will & Inheritance – Passing assets after the owner's death

3️⃣ Family Law (Marriage, Divorce, Adoption, Inheritance)

Family law covers personal matters like marriage, divorce, maintenance, adoption, and succession and is governed by religion-specific laws in India.

🔹 Personal Laws by Religion

Religion	Marriage Law	Divorce Law
Hindus	Hindu Marriage Act, 1955	Hindu Marriage Act, 1955
Muslims	Muslim Personal Law	Dissolution of Muslim Marriages Act, 1939
Christians	Indian Christian Marriage Act, 1872	Indian Divorce Act, 1869
Parsis	Parsi Marriage & Divorce Act, 1936	Parsi Marriage & Divorce Act, 1936
Others	Special Marriage Act, 1954 (for interfaith marriages)	Special Marriage Act, 1954

🔹 Divorce Grounds (Section 13, Hindu Marriage Act)

Adultery – Extramarital affair
Cruelty– Physical/mental abuse
Desertion – Leaving spouse without reason
Mental Illness – Unsound mind
Conversion– Change of religion

4️⃣ Consumer Protection Law (Consumer Protection Act, 2019)

The Consumer Protection Act, 2019 safeguards buyers from defective products, unfair trade practices, and misleading advertisements.

🔹 Consumer Rights

Right to Safety – Protection from hazardous goods
Right to Information – Details about price, quality, warranty
Right to Choose – No forced selling
Right to Redressal – Seek legal remedy for unfair practices

🔹 Consumer Dispute Redressal Forums

District Consumer Forum

Disputes up to ₹1 crore

State Consumer Commission

Disputes ₹1 crore – ₹10 crores

National Consumer Commission

Disputes above ₹10 crores

5️⃣ Tort Law (Civil Wrongs & Compensation)

Tort law deals with civil wrongs like defamation, negligence, and trespass, allowing victims to claim compensation.