Dr Fatma Galal
Teacher at civil law department
Dr.fatmagalal.law@gmail.com
1- Be on time
2- Keep mobile silent
3- No side talking
Revision
Part 1: the law.
Chapter one: Nature of law
Definition and characteristics of law:
law is a body of
general and abstract
rules which regulates
the
social
conduct of people and enforced by a
sanction
.
Chapter two: law, morality and religion
Law:
enacted by the legislature, controls external
behavior, sanctioned by the state.
Religion : ordered by God, controls external behavior
and internal thoughts , sanctioned by God.
Morals: rules of what is good and what is bad in the
society, sanctioned by the social disrespect.
Chapter 3: classification of law
Law is classified into
public
and
private law
according to
the nature of the person involved in the relation organized
by law.
Nature of persons: -
public persons
: such as state,
governorates, public authorities and universities.
- private persons:
either natural persons ( individuals) or
juristic persons ( private corporations and association.)
Note: public persons can act as private persons.
-
public law :
regulates the relations among public
persons or between public persons acting as
representative of the state and private persons.
-
private persons:
regulating relations among
private persons or between public persons and private
persons when public persons are acting as private
persons not as representative of state.
Section: subdivisions of public law
Constitutional law
(form, organs of
state, individuals
right)
Taxation law
(taxes)
Criminal law
( crimes,
punishment,
criminal procedures)
Public
international law
( relations between
states in peace, war
and neutrality)
Administrative law
(executive authority,
administrative
courts)
Section 2 : subdivisions of private
law
Branches
of
private
law
Civil law
(relations
off all
ordinary
individual
s)
Civil procedures
law
( procedures of
action, enforcement
of judgments
)
Commercial
( trade and
merchants in
general
Transportation
law: - maritime
law ( trade on
sea and
-
aviation law :
trade on air
)
Labor law
( relation
between
worker and
employer)
Private
international
)rules of
nationality and
rights of foriegners(
Chapter 4: the sources of law
Sources of law are either formal or informal
Formal sources:
are those defined by law as a
source of the legal rule used in ruling disputes.
In Egyptian civil law: they are ordered as follows:
legislation custom Islamic law natural law .
Informal sources:
are those used to interpret rules
coming from any of the formal sources. They are
previous courts judgments and scientific opinions.
Firstly formal sources
Section 1: legislation.
1- Definition:
is the declaration of legal rules by
the competent authority.
2- Advantages:
1- formal declaration is a condition
precedent to the application of legislation that is why
it satisfies the requirement of natural justice because it
is known before they are enforced.
2- laws can by way of anticipation make rules for cases
that have not yet arisen.
3- Disadvantages:
1- it is rigid because it does not develop automatically.
2- legislations made by the legislature may not adapt
to the national feelings and needs of the people.
4-
kinds of legislation: ordinary and
subordinate.
* Ordinary ( statutes):
it emanates from the
legislative body in the state such as parliament in
England ( 2houses: lords and commons) , congress
in U.S.A or people’s assembly in Egypt (one
house)….repealed and amended by same authority.
5- codification:
To codify the law is to put all legal rules related to
particular matter in the form of a code.(in the same
book), such as civil code (contain all the rules regulating
relation of ordinary people) and criminal code ( contains
all crimes and their punishment)
Advantage of codification: make it easy to find rules
applied in a particular case.
Disadvantage: it hinders the progress of society.
* subordinate legislation ( regulation)
Enacted by any authority other than the legislative authority
(usually by executive authority) they are of 2 kinds:
-Executive regulations:
issued by the executive
authority to supplement the statutes by details on the same
matter.
- Municipal or local authorities regulations:
rules
issued by local authorities for district under their control.
6-Power to legislate:
Egyptian constitution: gives this power to the people’s assembly (
or now the assembly of delegates) by the next steps:
1- The proposal
: introduced by the president of republic or a
member of the assembly and referred to committee to make report
for its discussion and voting.
2- the voting:
it must be approved by the absolute majority (
50% + 1) of members attending in the session.
3- promulgation:
if approved it must be sent to the president
of republic who may reject it ( then it will be sent again to the
assembly) or approve it.
4- publishing in the official journal:
it the president
approved it he order its publication in the official journal.
*** law is binding after month from publication unless it stated
otherwise, after that no one can plead the ignorance of law to avoid
its application
Section two: custom
1- Definition:
it is an old and
long
gradually observed
course of conduct coming by the needs of the people.
It is obeyed by individuals and believed to be obligatory
and any deviation from it felt to be abnormal.
2- Advantages:
better adapted to the national feeling
than legislation so it is the declaration of the will of society.
3- Disadvantages:
it may be unclear and not easily
accessible, and it may not change quickly with the quick
changes of the society.
Requisites of a valid custom:
1- it must be general :
Observed by all individuals in a certain place state,
town).
Professional Custom: concerns only a group of persons
( merchants). Also general : followed by all those
practicing same profession.
2- custom must be considered as binding:
If people feel it is free to depart from it whenever they
like, it is not a source of law.
3- it must be ancient:
Followed for a long time so that no living person can
remember when did it begin.
4- conformity with legislation:
not contrary to imperative rules of legislation because
the leg is higher.