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Chapter 1

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3 views

Chapter 1

Uploaded by

bahloul M.
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 16

BUSINESS LAW

Introduction to Law

CLO1: Describe the Tunisian Judicial Structure, learn how to determine jurisdiction
for civil and criminal cases, and learn the sources of law in Tunisia
AGENDA:
• What is law?
• Who makes the law?
• To whom does the law apply?
• Why does society need law?
• What are the two types of legal systems in the world?
• What are the main sources of Law in Tunisia
What is Law?
❖ Law is a set of rules that governs and controls the relationships:
• between individuals and
• between individuals and society

❖ Each country has its own set of laws which apply to everyone
living in that country

❖ If the laws are not followed, then these laws are enforceable
through the legal system (which includes the courts)
To whom does law apply?
❖ The law of a country applies to all legal persons

❖ There are TWO types of legal persons:

• Natural persons: individuals /human beings


AND
• Artificial persons: companies
Why does society need law?
❖ Society needs law:
• to maintain social order amongst the members of society
and
• to provide protection

o Every society needs social order ie: co-operative, predictable


behavior by the members of that society

o Society also needs protection from criminals and other wrong


deeds
Types of law: public vs private
• Public law is that part of law which governs relationships
between individuals and the government, and those
relationships between individuals which are of direct
concern to society. Public law comprises constitutional
law, administrative law, tax law and criminal law, as well
as all procedural law.
• Private law: Laws concerning relationships between
individuals belong to private law. Example: law of contract
and obligations-family law-commercial law-labor law..
Types of Legal Systems: How law is made?
• There are many different legal systems in the world

The two main types of legal systems are:

• The Common Law System

&
• The Civil Law System

• (A third legal system exists in some countries like the KSA and
Iran is the religious legal system)
The Common Law System
The following countries (there are others) follow the common law
system:

❑ United Kingdom
❑ Canada
❑ Australia
❑ New Zealand
❑ South Africa
❑ United States of America
❑ India
❑ Pakistan
❑ Singapore
❑ Hong Kong
The Common Law System
In countries which follow the common law system, the law is made by:

1. The government
2. The courts

❖ Law made by the government is called government legislation


❖ Government legislation (laws) can be found in a statute
❖ Example: all the laws on marriage are found in the Marriage Statute
and all laws on Employment Law are found in the Employment Law
(or Labor Law) Statute
The Common Law System
❖ The judges in the court can make law if there is no government
legislation on a certain issue

❖ Law made by judges (the court) can be found in judgments


❖ A judgment: a decision made by a judge

❖ A decision (judgment) made by a judge in the highest court must be


followed by all judges in the lower courts when deciding later cases
with similar issues or facts

❖ A decision by the highest court is called a precedent and it is binding


(must be followed)
The Civil Law System
Most European and Middle Eastern countries follow the civil law
system.
Therefore countries that follow the civil law system are:

• North African countries


• Jordan
• Lebanon
• Syria
And European countries such as:
• Italy
• Germany
• France
• Hungary
• Spain
• Portugal
The Civil Law System
• In the civil law system all the laws are made by the government
• Law made by the government is also called government legislation
• Government legislation (laws) can be found in a code

• A code is similar to a statute (in the common law system)


• Example: all the laws on marriage are found in the Marriage Code
and all laws on Employment are found in the Employment Law (or
Labor Law) Code

• The law in civil law countries is therefore said to be “codified”


• How about the Tunisian legal system?
• Although Tunisia applies a civil law system, emphasis is
nevertheless placed on court precedent.
• Therefore, the sources of law in Tunisia are:
• Formal sources: include legislation (law made by the parliament),
decrees and regulations (made by the executive branch), and
customs
• Interpretive sources such as court precedent (also called case law)

Some influence from the islamic law are to be found in areas such as
the personal status and property (inheritence)
Activity

• Find examples of situations where precedents were


applied in Tunisia
Three legal branches

Executive Legislature Judiciary

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