Civil

Branch of law that governs private relationships. In Brazilian civil law, for example, you will find the areas of Family Law, Business Law, Contract Law, Civil Liability, Property Rights (rights in rem) and Succession (inheritance).

In this sense, we can say that Civil Law accompanies us through every stage of life:

  • Before birth, with the protection of the rights of the unborn child
  • At birth, with the protection of personality rights
  • During childhood, with relative incapacity
  • Still during childhood, with situations of guardianship
  • In adulthood, with protection for the institutions of marriage and the acquisition of assets and homes, such as the requirement of a public deed for assets worth more than 25 minimum wages
  • In old age, with the protection, or merely restriction, of assets through the mandatory separation of property regime
  • Finally, at death, with the regulation of wills and inheritance.

The Civil Code is therefore quite complex. Its roots lie in Roman Law, where many of its institutions already existed.

For example, adverse possession (usucapião) already existed in the time of the Roman Empire. This institution rests on the idea that land must be productive and that failing to use it should result in the loss of ownership. Later, with Savigny and Ihering, new theories and requirements for granting it emerged, such as animus domini.

Another point is that our Civil Code is strongly inspired by the Napoleonic Code, where many institutions were also enshrined, particularly personal rights and the means of acquiring property.

Civil Law is therefore extremely broad.

54 published articles 3 subtopics

Latest Articles

Need Legal
Guidance?

Our team is available to answer your questions and guide you through your specific case.

4.9 · over 500 cases handled
Response in minutes Complete confidentiality
Lawyers available now
Chat on WhatsApp

No obligation · Your data is protected