Civil Law…Phoenix – From life to life?!: An Analytical Reading of the Reality of Civil Law within the Legal System

Prof Dr Mohammed Arfan Alkhatib
Professor of Civil Law
Ahmad bin Mohammad military College
Doha, State of Qatar

Abstract:


Through an academic analytical attempt on the reality of civil law, and within a simplified, comprehensive, non-subsidiary research plan based on a complex research methodology, this research paper examines the reality of this law historically and authentically, and is it threatened with disappearance or limitation?! This is with the aim of clarifying the superiority of civil law over various laws within the current legal system, specifically within the scope of what is known today as private law, without public law. We stress that this paper is not intended to detract from or challenge the existing legal division or the jurisprudence of any of the laws related to this division, as much as it aims to clarify the truth of what is being said about this danger that threatens civil law with its disappearance and extinction.
The paper presented this dialectic through two main ideas. In the first, it showed what could be called the advantages of civil law that led to the limitation and diminution it has today. In the second, it revealed the advantages of this law that prove the fact that it is the origin of the law, not its branch, and that it is the legal entity. Richer than others. Let us conclude from this, to two honest facts that express the reality of this law: The first, shocking and with a direct apparent meaning, is that we are facing a law that is disintegrating and moving from exaltation to dwarfism. The second is promising and has a hidden meaning, as it is deeply rooted in this law. Its essence is that this law is renewable and cannot be extinguished, as it is the phoenix and the undying spirit.
Keywords: Misfortunes of civil law advantages of civil law renewal of civil law civil legal system and future of civil law.

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