Civil Law and Civil Procedure
Civil law
Civil legislation rests on equality, autonomy of will, property independence and good faith. It governs persons, transactions, property, obligations, contracts, torts, inheritance and limitation periods. The general limitation period is three years; the court applies it only when a party raises it. Invalid transactions do not create the intended effects, and damages aim to restore the injured party.
Civil procedure
- The process is adversarial and dispositional: parties define claims and evidence.
- The court assesses evidence, applies law and must reason its findings.
- First instance resolves merits; appeal reviews facts and law; cassation reviews legality.
- Enforcement is a separate stage after the act becomes enforceable.
Worked example
A lender sues in 2024 on a loan due in 2020. The borrower pleads limitation. The court checks the three-year period, any acknowledgment of debt that interrupted it, and whether the claim is time-barred. If no interruption is proved, the court dismisses on limitation, but it does not raise the point on its own motion.
Traps
Limitation is a defence, not an automatic bar. Do not confuse nullity with unenforceability. A court cannot award beyond the claim except where law allows. Appeal is not a fresh action, and new evidence needs lawful justification.