Civil Law in Pakistan
Civil law in Pakistan governs disputes between individuals or organizations, primarily related to property, contracts, family matters, and personal rights. It is codified under various laws, including the Civil Procedure Code, 1908, which outlines the procedural framework for civil litigation. Key legislations include the Contract Act, 1872, for contractual obligations, the Transfer of Property Act, 1882, for property rights, and the Family Laws Ordinance, 1961, for personal matters like marriage and inheritance.
Civil cases are typically adjudicated by Civil Courts at the district level, with appeals progressing to higher courts. Civil law aims to ensure justice, fairness, and the protection of individual rights, emphasizing compensation or remedies rather than punishment.
The Punjab Vagrancy Ordinance 1958 (PVO 1958) is a seminal legislative instrument in Pakistan designed to regulate and control vagrancy within the province of Punjab. Despite its significance, the ordinance is frequently misconstrued, particularly in its differentiation between vagrancy and…
The Protection of Parents Ordinance, 2021 (والدین کی حمایت کا آرڈیننس 2021) represents a landmark legal development introduced by the Government of Pakistan on May 8, 2021. This legislation is designed to ensure the protection of elderly parents, addressing critical…
Definition of Vagrancy The Punjab Vagrancy Ordinance, 1958 defines vagrancy under Section 2(b) as follows: “Vagrant means any person who, in public places, habitually solicits or receives alms, or engages in behavior indicating lack of visible means of subsistence, and…
The Latin adage Ignorantia juris non excusat (ignorance of the law is no excuse) represents a cornerstone of jurisprudence, establishing the presumption that individuals are duty-bound to know the law. Historically, this principle has been invoked in diverse legal systems,…
The Latin aphorism Fiat justicia ruat caelum—translating to “Let justice be done, though the heavens fall”—epitomizes an unwavering commitment to justice, irrespective of the consequences or collateral effects. This phrase finds its origins in Roman legal tradition, where it underscored…
Conceptualizing Consensus Ad Idem The Latin maxim “Consensus ad idem,” which translates to “agreement to the same thing,” encapsulates one of the most pivotal doctrines in contract law. Originating from Roman law, this principle underscored the necessity of mutual understanding…
The doctrine of contra proferentem represents a cornerstone of contract law, emphasizing the necessity for equitable interpretation in cases where contractual terms are ambiguous. Rooted in the Latin phrase meaning “against the offeror,” this principle mandates that any lack of…
Introduction Caveat Emptor, translating from Latin as “let the buyer beware,” is a foundational principle underpinning commercial and property transactions. This concept traces its roots to ancient Roman law, where it was first articulated to emphasize the buyer’s duty to…
The Latin legal maxim “Bona Fides Non Patitur Ut Bis Idem Exigatur” encapsulates a fundamental principle of justice, translating to “Good faith does not permit that the same thing be demanded twice.” Rooted in principles of equity, this doctrine ensures…
Introduction Bona vacantia, a Latin phrase translating to “ownerless goods,” embodies a fundamental legal principle addressing assets or properties that lack a rightful owner. Its origins trace back to Roman law, where the state claimed unowned goods in the absence…