What disputes and cases fall within the scope of civil law?
Civil law covers a wide range of legal relations between equal subjects, and it is it that is the “basis” on which most private legal conflicts, considered by the courts under the procedure of the Code of Civil Procedure, pursuant to art. 1 GPC.
First of all, the scope of civil law is Contract and Bond Disputesarising from non-performance, inaccurate performance or controversial interpretation of contracts. This includes contracts of purchase and sale, rent, loan, drafting, brokerage and other agreements between the parties within the meaning of Art. 8 P.M. Typical examples are unpaid amounts, refusal to perform, disputes over penalties, termination of contracts or claims for compensation for damages caused by non-performance under Art. 79 and Art. 87 ZD.
The second major group is property disputesrelating to property rights and other rights in rem. These are cases of ownership, co-ownership, division, claims for restitution, protection against unreasonable possession or use, as well as disputes over limited rights in rem. The right to property as the main property right is regulated in Art. 77 ZH and is often the subject of conflicts between neighbors, heirs or former partners.
Civil law covers and liability for damages, caused by unlawful conduct, regardless of whether a contract existed between the parties. These are the so-called delinquent disputes under Art. 45 et seq. Civil liability insurance, including compensation for property and non-pecuniary damage in the event of traffic accidents, damage to property, bodily injury or other unlawful acts and omissions.
They play a significant role and disputes over receivables and debts, including the establishment of arrears, objections to limitation periods, as well as the subsequent enforcement of claims through enforcement proceedings. Many clients mistakenly believe that civil law ends with a won case, without taking into account that real protection often continues within the framework of the enforcement process.
Civil law also covers Hereditary disputes, consumer disputes, claims for unjust enrichment, as well as a number of other cases in which one party claims a violation of a subjective right and the other challenges it. What all these cases have in common is that they develop between formally equal parties and require active protection of rights through the correct application of substantive and procedural law.
In practice, if your dispute concerns money, property, contract, damages or an unfulfilled obligation and does not arise from an act of state power, it almost always falls within the scope of civil law. That is why this legal sphere is so broad and is structured in numerous sub-areas, which on the BSLC website are developed in separate sub-pages according to the specific type of service.
How do I know if I have a real chance of success in a civil dispute?
This is a question that every reasonable client asks himself before taking legal action, since the civil process is not a matter of intuition or “justice in principle”, but of provable facts, proper legal qualification and compliance with procedural rules. There is no automatic success in civil law — even when the subjective sense of rightness is strong, the final result depends on whether the claimed right can be proved in due order, according to Article 154 (1) of the Code of Civil Procedure, which places the burden of proof on the party claiming a fact.
A realistic assessment of the chances of success begins with a legal analysis of the facts — what exactly happened, when, between whom and under what circumstances. Many clients confuse factual complaints with legally relevant facts, but in the judicial process only those circumstances that fall under the hypothesis of a specific legal norm matter. Therefore, the first task of a lawyer is to correctly qualify the case — whether it is a contractual breach, a tort, unjust enrichment, a property dispute or any other type of civil claim.
The next key element is the evidentiary resource. The chances of success are determined not only by whether the right exists, but whether it can be proved by admissible and relevant means of evidence — written documents, witness testimony, expert opinions, confessions of the other party. A common problem is the existence of a “right without evidence”, which in the civil process practically means a lack of protection. It is here that the lawyer must assess not only what evidence exists, but also whether it is sufficient, admissible and procedurally fit.
An important factor in assessing the chances is also the behavior of the opposite side. A civil dispute is always a two-sided process — if the defendant has strong objections, counter evidence or the opportunity to invoke a limitation period, co-causation or other legal institutions, this directly affects the outcome of the case. For example, even a well-founded claim may be dismissed if it is filed after the expiration of the applicable limitation period under Art. 110 et seq. ZZD.
The real assessment of the chances includes and Procedural risk— duration of the case, likelihood of appeal, the need for expertise, as well as the possibility of actual execution if the case is won. A won court decision does not always mean real satisfaction of the claim if the counterparty is insolvent or conceals property, which should also be taken into account at the initial stage.
Professional approach requires the lawyer to give an objective and balanced assessment, not assurances of assured success. It is the lack of categorical promises that is a sign of correct legal advice. The purpose of the preliminary analysis is not to discourage the client, but to allow him to make an informed decision — whether to seek an out-of-court decision, whether to proceed to trial or whether the risk outweighs the potential benefit.
Is it mandatory for any civil dispute to go to court?
Although the civil process under the Code of Civil Procedure is the main mechanism for the protection of violated civil rights, the law does not require that every dispute be necessarily resolved by a court. On the contrary, civil law, by its very nature, allows and encourages the voluntary settlement of relations between the parties, insofar as they are on an equal footing and are free to negotiate the content and manner of protecting their rights.
In a significant number of cases, civil disputes can be resolved extrajudicial, through negotiations, agreements or voluntary implementation. This is especially true for contractual relationships in which the parties have ongoing or future economic interests, as well as for claims disputes in which the other party is willing to compromise in order to avoid legal costs, interest and enforcement. An out-of-court settlement often allows for a faster, more flexible and less conflictual solution, without the formalism and length of the trial.
However, it is important to emphasize that the out-of-court decision should be legally enforceable. Signing agreements, debt confessions or waivers of rights without a lawyer's judgment can lead to serious adverse consequences. Many clients go to court precisely because at an earlier stage they accepted oral agreements, incomplete agreements or signed documents that did not protect their interest. Therefore, the role of the lawyer in the extrajudicial phase is no less important than that in the trial.
Legal proceedings are necessary when voluntary settlement is impossibleor when the other party refuses to recognize the right, fulfill its obligation or negotiate in good faith. In such cases, the court is the only body that can, by binding force, establish the existence of the right and ensure its enforcement through enforcement proceedings. Judicial order is also inevitable when the law requires a court decision as a condition of protection, for example in injunctions, divisions or other proceedings with constitutional effect.
The choice between out-of-court and judicial resolution of the dispute is not formal, but strategic. It depends on the behavior of the counterparty, the evidentiary collateral, the amount of interest, the time factor and the possibility of real execution. That is why, at the initial stage, the civil law lawyer should assess whether litigation is the most effective path or whether the client's goals can be achieved faster and more profitably outside the court.
Which deadlines are decisive in civil law and what are the consequences of missing them?
In civil law, time has a direct legal meaning, because the exercise and protection of rights are bound by strictly defined deadlines, the omission of which often leads to the loss or serious limitation of the possibility of protection. Deadlines are not a formality, but a tool of legal certainty that the law uses to put an end to uncertainty in the relationship between the parties.
One of the most important groups of deadlines is limitation periods which limit the possibility of a right being protected by a judicial order after its expiry. According to Art. 110 Upon expiry of the five-year limitation period, all claims for which the law does not provide for another term are repaid, and for some claims a shorter three-year limitation period is provided. The statute of limitations does not abolish the right itself, but gives the opposing party the opportunity to invoke it and refuse enforcement, which in practice renders judicial protection ineffective.
Along with the statute of limitations, in the civil process there are also Procedural time limits which are even more severe in their consequences. The omission of a time limit for replying to a statement of claim, objection or complaint may lead to the foreclosure of the right to take the relevant procedural action. Unlike the limitation period, which must be explicitly stated by the other party, procedural deadlines are monitored ex officio by the court and their omission is often irreversible.
The contractual terms agreed between the parties are also essential. They may concern deadlines for performance, notification, exercise of rights or termination of a contract. Ignorance or misinterpretation of these deadlines often leads to the loss of contractual rights or the occurrence of liability for damages, even if the party subjectively considers its behavior to be correct.
A particular risk is the delay in action in situations where the dispute is still nascent. Many clients seek legal assistance only when the deadlines have already expired or are about to expire, which significantly limits the possibilities for effective protection. In these cases, even the existence of an objective right does not guarantee a positive result if it cannot be exercised within the time provided by law.
Below you will find all the civil law services that BSLC offers.