Civil law
Civil law, also known as private law, governs legal relationships between individuals, businesses and other private entities.
Civil law helps resolve disputes. This may involve a conflict with a supplier, a contractual dispute or another legal issue between parties. A lawyer specialised in civil law can provide expert guidance and advice in such matters.
What is civil law?
Civil law concerns disputes between private parties, without the government acting as an enforcing authority. Examples include:
Contractual disputes: for example, disputes regarding the delivery of goods or services.
Liability: such as damage caused by a wrongful act.
Ownership and possession: disputes concerning property rights.
In civil law matters, parties must take action themselves to protect their rights. This differs from criminal law proceedings, where enforcement is carried out by the state.
When should you engage a civil law lawyer?
It is advisable to engage a civil law lawyer when:
you receive a writ of summons or wish to initiate legal proceedings;
the dispute is legally complex;
you require legal advice on contracts or liability issues.
A civil law lawyer can assist you by drafting legal documents, negotiating on your behalf and representing you before the court.
Common civil law disputes
Breach of contract: where a contracting party fails to fulfil its obligations.
Wrongful act (tort): damage caused by another party without a contractual relationship.
Neighbour law: disputes concerning boundaries, overhanging branches, and similar issues.
Consumer law: problems related to purchases or services.
The civil procedure process
Writ of summons: the claimant drafts a writ of summons, which is served on the defendant.
Statement of defence: the defendant responds in writing to the claim.
Court hearing: the court may summon the parties for an oral hearing.
Judgment: the court renders its decision.
In some cases, an appeal to the court of appeal is possible.
Alternatives to court proceedings
Not all disputes need to be brought before the civil courts. Alternative dispute resolution methods can save time and costs:
Mediation: a neutral third party assists the parties in reaching a solution.
Arbitration: a binding decision by an arbitrator, often used in commercial disputes.
Conclusion
Civil law provides the legal framework for resolving disputes between private parties. A civil law lawyer is your partner in this complex field, whether for advice, negotiation or litigation. Timely legal advice is essential to safeguard your rights.
Need assistance with a legal dispute?
Our civil law lawyer is ready to advise and assist you. Contact us today.
Frequently Asked Questions (FAQ)
Is a civil law lawyer mandatory in civil cases?
For cases before the subdistrict court (claims up to €25,000), engaging a lawyer is not mandatory. For higher-value or complex cases, legal representation by a lawyer is required.
How long does a civil procedure take?
This depends on the case. Simple matters may be resolved within a few months, while complex disputes can take several years.
Can I claim damages in a civil dispute?
Yes. If you can demonstrate that you have suffered damage caused by another party, you may claim damages, for example in cases of breach of contract or wrongful act. This is pursued through civil law proceedings.