Business Law INUCASTY New

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HIGHER NATIONAL DIPLOMA PROGRAM Course Tittle
BUSINESS LAW
Course Master Mr TEBOH Derrick Academic Year 2022/2023
 
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GENERAL INTRODUCTION
Law affects every aspect of our lives: it governs our conduct from the cradle to the grave. The influence of the law even extends from before our birth to after our death. We live in a society which has developed a complex body of rules to control the activities of its members. There are laws which govern working conditions (e.g. by laying down minimum standard of health and safety law), laws which regulate leisure pursuit (e.g. b y banning school on coaches and train travelling to football matches), and law which control  personal relationships (e.g. by prohibiting marriage between close relatives). The legal world is divided into two blocks: the block of persons and the block of thing. Things are the entities that portray the prerogative of the subject of law. They do not have legal personality and they are called the object of law. There are several ways to think about law. In the domestic legal system, we think of law as the rules that the government tissues to control the lives of its citizens. Those rules are generally created by the legislature, interpreted by the  judiciary, and enforced by the executive branch, using the police, if necessary, to force citizens to obey. What is law for the international community if there is no one legislature,  judiciary, executive branch, or polic
e force? International law cannot be considered ‘’Law’’ when applied to states or state action. To be considered ‘’Law’’ these principles and
decisions require enforcement mechanisms that go beyond State consent or the trust and good will among parties to a treaty. These are two of laws that originated during the mandatory system that is English law (common law) and French law (civil law). English law is known as case law or the doctrine of binding precedent .With such law. Reference was always made to pass judged matters. Civil law on the other hand is a law that must always be written down in a particular text which is also known as codification. The
French work ‘’droit’’ law has two English equivalents. It designates both a law and a right.
The former refers to objective law and the letter is the subjective right what then is law? 1.1.
 
The meaning of law
Law can be define as a body of legal rules and regulations adopted by the state governing the conduct of persons living in a particular society. In every society there
is a law and law varies from one society to another known as ‘
’ubi societa ibi jus’’
. The non-respect of law is the application of sanctions. Sanctions can be criminal or civil. Criminal sanctions are governed by the criminal procedure code whose remedy are; death sentence, loss of liberty (imprisonment) and payment of fines while civil sanctions are those governed by the civil code whose remedy is payment damage in momentary terms to the victim per article 1382 and 1384 of the civil code. 1.2.
 
Classification or branches of Law
There are various ways in which the law may be classified; the most important are as follows:
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Public private law a
. PublicLaw
Public law is concerned with the relationship between the state and its citizens. Or better still  public law is defined as a part of law which governs the relationship between particulars (individuals) and the stat, between the different organs of the state. The rules of public are therefore orientated towards the satisfaction of collective interest. Their violation is sanctioned by the tribunal or courts of administrative order or the constitutional order in the countries were the constitutional justice is autonomous like a France. Examples of public law courses are administrative law,
constitutional law and public finance law.
 
b.
 
Private law
Private law is primarily concerned with the rights and duties of individuals towards each
other. The state’s involvement in this area of law is confined to providing a civilized method
of resolving the dispute that has arisen. Thus, the legal process is begun by the aggrieved citizen and not by the state. Private law is also called civil law and is often contrasted with criminal law. Private law can also be defined as a part f law which governs the relationship  between individuals or physical and moral persons. These rules of law are orientated towards the satisfaction of individual interest. Their violation is sanctioned by the tribunal of judicial order. Examples of private law courses are human right law, labour law, family law, law of succession; law of obligation etc. Private law is also called civil law and is often contrasted with criminal law. Criminal law can be both public and private law.
c.
 
Public International Law
This branch of law governs the relationship between the subjects of the international order such as the state, international organizations and to a lesser extent individuals. However, the larger part of public international law today is handled by states
d.
 
Private International law
This branch of the law regulates the relationship between private persons of different states. Private international law can also come into play when the parties are of the same state but the subject matter (property) is found in another state. 1.3.
 
Aims or finality of law
 
Maintenance of public order, peace, tranquility, dignity and sanitation measures
 
Correction of someone’s morality
 
Prevention of further commission of crimes
 
Resocialisation 1.4.
 
Characteristics of law
Law possesses three main characteristics. It is general, permanent and coercive. Even though there exist others that will be mentioned here.
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i. Law is general
Law is general because it is meant to be applied to all those living within the territory of the state. It is therefore common to all, particularly all those who live within the territory. We say here that law is objective and impersonal. The general character of law means that the law is applicable to all in the society without any distinction. This is why article 1 of the Cameroon  penal
code affirms that ‘’all men without distinction are equal before the law’’. The general
character of law is a guarantee against arbitral rule and discrimination of persons. It is worth mentioning the principle f impersonality of law can be a source of injustice. For example the situation of minors and majors who are insane per article 1384 of the civil code.
ii.
 
Law is obligatory or coercive
The coercive nature of law implies that law is obligatory and imposed on all those living within the territorial jurisdiction of the state. I has a constraining character due to the aims or finalities it seeks to pursue or achieve for instance social order, social order, social justice and social security. Any violation of this law may lead to sanctions. Law may place a number of obligations which are more or less strict for example a tax payer must pay his tax and if not he will be sanctioned. On other hand, a medical doctor does not have the obligation to cure his  patients but can only provide the necessary medication that can help the person to recover.
iii.
 
Law is permanent
For law to be permanent it must be in a written form, so that if violated sanctions will be easily traceable and applicable. This explains why the civil code and criminal procedure code are in place
iv.
 
The violation of law leads to punishment
The non-respect of law by citizen in a given society always brings about sanctions or  punishment.
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