The Civil Legal Advice Service (CLA) provides specialist legal advice to people across England and Wales who are eligible for legal assistance. It helps people with debt, education, discrimination, housing, and family problems. CLA’s trained advisors treat approximately 1,500 new cases each month. Guide for practitioners. Civil legal advice is a source of law in the same way as other sources of law. Civil legal advices may be binding, but only in certain cases.
Civil legal advice is a source of law in the same way as other
The judicial system in civil law is inquisitorial in nature which means that judges have a major role in directing and deciding cases and judges are active in assessing evidence). Civil legal advice is a source of law in the same way as other sources of law. It has been said that civil legal advice is a source of law in the same way as the constitution, legislation, treaties and case-law. This means that:
- Civil legal advice can be used by courts when interpreting legislation or making decisions based on it (for example by applying it).
- Courts must take into account what was said in any civil legal advice given in relation to an issue before them if one party relied on this advice during proceedings before them (ie they relied on it).
Civil legal advice can only be considered as a source of law
Civil legal advice can only be considered as a source of law if it complies with the minimum requirements for a source of law. The following requirements must be met:
Civil legal advice must be accessible. It should be possible to find civil legal advice on your own or through someone else, such as an attorney or another person who has knowledge about civil law. If you cannot obtain access to this information on your own and are dependent on others for access, then this could create problems in terms of how much control individuals have over their lives because they might not understand what choices they have available to them when making decisions that affect their lives (and thus could lead these individuals into making poor choices).
Civil legal advice must be accessible
A civil law system is a form of legal sources in a formal sense in the Civil Law legal system in the form of statutory regulations, customs, and jurisprudence. Civil law-adhering countries place the constitution at the highest order in the hierarchy of laws and regulations. Civil legal advice must be accessible, clear and complete enough for it to be possible to apply it. In order to meet these requirements, the advice must be available to the public (i.e. on-line or in a physical location). In addition, civil legal advice must:
- Be clear and concise.
- Specify which law applies (where applicable).
- State whether any exceptions apply.
- Use only relevant facts that are relevant for the purposes of applying the law at hand.
In certain cases, civil legal advice may be binding
The Civil Code contains a provision stating that civil legal advice may be binding in certain cases. Specifically, the provision states that civil legal advice may be binding if it is given by an independent person and if it concerns an issue of public interest. This means that if you receive a letter from your local government office informing you that your license has been suspended due to unpaid parking tickets (a matter of public interest), then this letter will become legally binding on you if it contains a warning about possible consequences if no action is taken within 30 days.
The position of civil law advice as a source of law
The position of civil law advice as a source of law is not controversial. However, it can only be considered as a source of law if it complies with the minimum requirements for a source of law: accessibility, clarity, completeness and specificity. Civil legal advice must also be accessible in all its aspects (elements) so that it can be applied by courts and other authorities in practice.
The civil law system draws a sharp distinction between primary and secondary sources. Primary sources are promulgated laws, customs, and ‘general principles of law’. Of all that, the main source is the law (statute) that is promulgated; it predominates in the civil law system.
A code in a civil law system consists of general principles, arranged in order of importance. Initially, there may be general rules governing the basic problems that need to be addressed before a particular problem can be analyzed. For example: if the plaintiff is seeking damages for breach of contract, the initial analysis must determine whether the contract was legally entered into.
In conclusion, we can say that the position of civil law advice as a source of law is not controversial. This means that it is possible to apply it in different contexts and situations. However, it is important to remember that this source must comply with certain conditions before being considered as such. The civilian judge is not so restricted but derives the interpretation considered to be appropriate from the structure of the legal system and the general principles of law that pervade it; nor will the decision in the present case have a necessary effect on later cases. This is not to say that later cases may not reach the same conclusion.