Shafiq Law Chamber

April 30, 2023 • Civil LawLaw

Civil law in Pakistan is primarily based on the Anglo-Saxon legal system, with influences from Islamic law. The main legislation governing civil matters in Pakistan is the Civil Procedure Code, 1908. Here are some key aspects of civil law in Pakistan:

1. Jurisdiction: Civil matters are heard and decided by civil courts, which are organized hierarchically. The lowest level is the Civil Judge Court, followed by the District Court, the High Court, and ultimately, the Supreme Court.

2. Contract Law: Contract law is an essential part of civil law in Pakistan. It deals with the formation, interpretation, and enforcement of contracts between parties. The principles of contract law are based on common law principles.

3. Property Law: Property law governs the ownership, transfer, and rights related to real estate and other forms of property. It includes laws concerning land acquisition, leases, mortgages, and registration of property.

4. Family Law: Family law in Pakistan is largely influenced by Islamic law, particularly in matters such as marriage, divorce, inheritance, and guardianship. The Muslim Family Laws Ordinance, 1961, codifies many aspects of Islamic family law.

5. Tort Law: Tort law deals with civil wrongs or harm caused by one party to another. It covers areas such as negligence, defamation, nuisance, and trespass. The principles of tort law in Pakistan have been largely developed through judicial precedents.

6. Civil Procedure: The Civil Procedure Code, 1908, outlines the rules and procedures for conducting civil cases in courts. It covers areas such as filing of suits, service of summons, evidence, hearings, appeals, and execution of judgments.

7. Alternative Dispute Resolution: In recent years, alternative dispute resolution mechanisms such as mediation and arbitration have gained popularity in Pakistan. These methods provide parties with an alternative to litigation and aim to resolve disputes more efficiently.

It’s important to note that laws can change or be amended over time, so it’s advisable to consult the latest statutes or seek legal advice from a qualified professional or lawyer for specific legal matters in Pakistan.

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