Differences Between Civil Law & Commercial Law

Introduction

Laws are a set of rules and guidelines that are used to promote fairness and justice in various settings. They are of great significance since they foster sanity and peace that are essential for development. Indeed, laws are fundamental regulations that are set with an aim of eradicating unethical practices that may threaten peace and stability. They are set in most jurisdictions to safeguard the rights of individuals and to ensure that due procedures are followed in the execution of various activities. The laws are developed to ensure a high level of transparency in the execution of social, economic, and commercial activities. As noted by scholars, laws are set to create a favorable environment that enables everyone to operate with limited fear or reservation. They are to maintain the status quo, ensure effective protection of property, national boundaries, control political activities and protect the vested rights of individuals. They are also vital in maintaining established relationships about social and commercial engagements.

The scholars affirm that laws control what everyone does at personal or commercial levels. Rules also give clear guidelines and control measures on when one can execute an activity and how an activity can be done or how to do certain things in society. This is essential since a lack of proper guidelines on how to operate or do things may make individuals act irresponsibly. A lack of proper guidelines can lead to the abuse of human rights and the destruction of property that may result in unwarranted social unrest. One can imagine the state of our societies if stringent laws could have not been in force. The societies could be in pathetic and unbearable conditions since criminal activities could have become very common. Consequently, laws guide the justice system in most settings. They are the reference points that judges refer to when they are discharging their duties. These are judges who are obligated to administer, hear, and punish law offenders apply written rules to set punishment standards for every offense committed. They apply the standards based on the factual provisions that are set to ensure that justice is served.

Types of laws or legislation and differences

Indeed, there are various types of laws that are applied in achieving justice in diverse settings. They include civil, criminal, and commercial laws. These types of laws serve different purposes and were developed to give easy categorization or prosecution of offenders before a justice system depending on the nature of the offense committed. They have different specifications, substances, and terms of punishment in various jurisdictions (Martin, Nigel & Redfern 6). For instance, criminal law deals with criminal issues. These issues attract severe punishments that include huge penalties and long jail terms for offenders. Commercial law focuses on business activities to safeguard properties, business contracts, and established relationships.

Offenders of commercial laws normally face prescribed punishments that are dependent on the nature of the offense. This is evident since the laws allow judges to design and adjust the punishment levels depending on the revelations obtained. Consequently, civil laws focus on noncriminal activities. They seek to resolve the evident disagreements between individuals in circumstances where no substantive crime is committed. The laws also cover some separate actions where criminal activity has been committed (Redfern, Nigel & Martin, 7). Offenses of civil nature attract varied types of punishment that are meant to enhance fairness.

Purpose and objective of the study and significance

This paper gives credible information about civil and commercial laws that are instrumental in safeguarding human rights. It focuses on their key differences and their imperativeness in driving sanity or order in various jurisdictions. This is set with a purpose to aid the understanding of these legal provisions and how they are of relevance to economic and social growth. Indeed, commercial and civil laws provide pertinent guidelines that ensure that societies can function effectively. They also facilitate the protection of human rights and property of individuals by providing heavy penalty clauses.

These laws should be economically viable, socially relevant, and culturally acceptable to ensure that justice is served fairly. This is essential in fostering fair trading and relationship with people who have conflicting interests such as employees and employers. The study will equip key stakeholders who include students, the public, and legal officers with relevant information to help them in pursuing their rights. It will enable them to understand the existing difference between civil and commercial laws that are used in various nations. It will also enable them to establish how the laws are applicable in various settings and their contribution towards the realization of fair dealings in societies. Therefore, the study is of great significance especially in the current environment when cases of social and economic misconduct are in the increase.

Commercial law and who it serves versus civil law and who it serves

Indeed, commercial laws are legal guidelines that aim at streamlining business activities. They are set to protect the relationship that exists between individuals who hold conflicting interests in the business world (Martin, Nigel & Redfern 9). They have been instrumental in ensuring that business activities are done in a fair and just manner that is acceptable to all stakeholders. The laws have also been instrumental in protecting the rights of individuals that appertain to property usage and ownership. Similarly, they have contributed to eliminating illegal operating procedures that lead to a loss of resources. This has been vital since most institutions and individuals have been losing a lot of resources due to misappropriation of funds without achieving proper redress or compensation. Therefore, the laws have opened a new chapter in most jurisdictions since they demand accountability and adherence to due processes of business engagements.

It is imperative to note that commercial laws are meant or were developed to serve and safeguard the rights of individuals with conflicting interests. The intention of drafting the rules was to promote equity, fairness, and sanity in all commercial activities by encouraging adherence to due processes (Martin, Nigel & Redfern10). Key stakeholders with conflicting interests that it serves include employees, employers, landlords, tenants, and others who operate dependently. The laws provide requisite incentives that foster arbitration between these parties in cases where there is a misunderstanding. They protect the rights of employers and employees equally. The laws also protect the rights of landlords and tenants by ensuring that every stakeholder delivers as expected. The laws apply and take their course when a party in any arrangement feels short-changed or discriminated upon. Under the circumstances, the disadvantaged party is bound to launch a complaint before the court of law and air one’s grievances possibly for compensation or punishment.

Such proceedings are guided by legal officers who are charged with the responsibility to prosecute and punish any law offender especially when found guilty. For example, commercial law has helped several people to acquire their fair share in various institutions in terms of payment. The rules have been providing a viable legal basis through which employees are using to demand better terms of work from their employers (Martin, Nigel & Redfern 10). This has been successful in most nations since they have enabled employees to receive their rightful share based on court directions. Commercial laws also define how contracts of diverse nature should be executed. That is the laws provide clear guidelines about the formulation of contracts or business arrangements. The guidelines define the minimum age that qualifies one to sign any contract, the terms that must be met, and legal contracts that are allowed.

This is to avert any engagement with parties or individuals who can not engage in meaningful commercial arrangements such as minors. These are the laws that seek to safeguard the rights of everyone including minors who are exempted from participating in any business activity. Further, civil laws serve a wide range of people in various nations. This is because the laws deal with the emerging differences between citizens where no crime has been committed (Merimaa & Mändla 25). The laws serve both children and adults regardless of one’s status in society with the basic ideal to achieving justice. Civil laws prescribe stiff penalties to individuals who violate the regulations that are developed to foster sanity and social engagement such as city bylaws and domestic laws. The laws normally focus on addressing issues that relate to domestic and public instability that seeks to impede individuals’ rights. These issues that include divorce, domestic wrangling, a parking violation, and improper usage of public utility do not necessarily factor in any act of criminality. They can be prosecuted without the aspect of criminality so long as they merit social disorder and abuse of human freedom.

Differences that exist between civil and commercial laws

As noted, commercial and civil laws are legal regulations that promote sanity, Harmonn, and order in various jurisdictions. The laws were developed to facilitate fairness and the realization of justice for victims of circumstances and violators of rules. They were also set to provide requisite mechanisms for punishing law offenders by giving well-stipulated provisions that guide judges in making legal rulings. These laws control what individuals when should execute certain activities, and what they are expected to do without discrimination of any kind (Merimaa & Mändla 25). They are legally binding and not biased in any nature that remains a step forward in promoting due diligence. Imperatively, commercial and civil laws differ in terms of scope, structure, magnitude of punishments, the category of people that they serve, and application.

This is evident since the laws are aimed at addressing specific issues that are of civil and commercial nature respectively as depicted in their content. The legal procedures about the issues are also executed indifferentcourtroomss with special judges who are assigned to hear the issues. This explains why in most nations, courts are delegated specific duties of hearing and making judgmentstinn some cases. It is a clear separation of powers and cases within the justice system. This has resulted in t handling of commercial cases differently from civil and criminal cases. Firstly, the scope is a major distinguishing element between civil and commercial laws. This is evident sincecommerciallawsfocuss on providingsolutionsabouto business activities. The laws are set to safeguard the relationship and interest of participating parties in the commercial arena. This is achievable by safeguarding property and punishing law offenders who abuse the rights of others (Merimaa & Mändla 29).

However, civil laws focus on providing credible solutions to the disagreements that emerge between citizens. The disagreements may be based on domestic issues and public issues such as internal conflicts or family wrangles and violation of parking rules. The cases that are handled under civil jurisdictions are indeed civil and they take effect especially in situations where reaching a common agreement between individuals is proving to be difficult. Civilcasesalsoo covert t a certain extent some actions with criminal aspects or where a crime has been committed (Merimaa & Mändla 37). Secondly, civil laws are strong guidelines that are not based on any precedence or legal developments around the world. The laws were borrowed or originated from the Roman laws that were firmly developed. They have not changed since their adoption in any nation and their standards remain intact to date. This is different from commercial laws that are based on precedence and environmental changes that affect commercial activities. The laws trace their origin from the British legal system that contributed to their formulation.

Thirdly, the two sets of laws differ in their enforceability aspect and subsequent effects in terms of punishment that they impose on offenders. This is clear since civil laws that seek to solve various disagreements between individuals adopt high standards of strictness while commercial laws give judges some levels of authority when making judgments. Civil laws are to be enforced strictly by the judges without any compromise (Montz & Vranken 3). They are required to apply the laws as they are when making their determination about cases that come before them. This applies that the judges are under obligation to subject law offenders to severe punishment as spelled out in the legislation. This poses a little difference with commercial laws, although, they all seek to achieve justice and fairness. The enforceability of commercial laws can take various forms depending on the case and the judge’s understanding or magnitude of the offense. Its enforceability is not only pegged strictly on the provided punishment since a judge is allowed to impose a punishment that is proportional to the offense committed (Montz & Vranken 3). Although this is allowed, it must be executed within the law to ensure that no party feels aggrieved.

Further, the magnitude of punishment or penalties differs between two sets of laws as witnessed in most settings. Civil laws spell out severe penalties in terms of imprisonment and fines in comparison to commercial laws. Although the difference is not very significant, it is the strictness under which civil laws should be implemented that causes the distinction. This is because an offense under civil action is punished severely with no compromise if one is found guilty as compared to commercial law provisions. Commercial laws have been put in place in the US to ensure that every stakeholder who contributes to the country’s economic growth is accorded adequate protection (Montz & Vranken 5). The laws are to safeguard the execution of business contracts, employment terms, and property user rights. This is to ensure that both indirect and direct commercial participants in the economy receive value for their input. The laws are to ensure that products or goods that are supplied for usage purposes are of quality and meet the required standard.

The items must meet minimum safety standards to cushion users from attracting severe health complications. This is essential in ensuring that the rights of users are protected adequately to build a healthy nation for sustainable growth. The laws also seek to protect the interest of employers by obligating employees to execute their work diligently and by the set standards (Montz & Vranken 9). Authorities in the nation are also adopting the use of civil laws to help in curbing the rising cases of domestic violence that threaten to erode the gains made in the nation in terms of social and economic integration. Civil laws will go a long way in restoring order in the nation by ensuring effective resolution of any emerging disagreements between various individuals.

Conclusion

Indeed, fair laws and policies have been crafted to safeguard the rights of the citizens in most settings. The laws that include civil and commercial rules have also been set to eradicate unethical practices such as criminal activities that threaten to affect economic growth in diverse nations. Notably, they have been instrumental in restoring sanity and due processes in diverse settings. That is the legal provisions have been able to restore confidence among property owners and other state actors including the public who are assured that their rights are safeguarded.

References

Merimaa, Mati, and S. Mändla. Commercial and Economic Law in Estonia. Alphen an den Rijn: Kluwer Law International, 2011. Print.

Montz, Vranken, and V. McGee. Fundamentals of European Civil Law. Annandale: Federation Press, 2010. Print.

Martin, Hunter, Nigel Blackaby, and Alan Redfern. Law and Practice of International Commercial Arbitration. London: Sweet & Maxwell, 2004. Print.