☰ Contents · State and law

Final review (2): civil law, labour law and a map of the legal system

Lessons 28 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
28

Final review (2): civil and labour law, the legal system

Textbook: pp. 133–140 (§§ 27–28, glossary)
GoalSummarise topics 12–26 (civil law, consumer rights, intellectual property, the court, labour law) and look at a map of the branches of law.
New words
civil law · fuqarolik huquqilegal capacity · huquq layoqatilabour law · mehnat huquqibranch of law · huquq tarmog‘i
Explanation

Civil law regulates property and personal non-property relations. A person has full capacity at 18; at 14–18 partial capacity, at 6–14 only small everyday deals, and for a child under 6 the parents act; emancipation is possible from 16. A power of attorney is given for at most 3 years, 1 year if no term is stated, and it must be dated. The owner possesses, uses and disposes. If a consumer buys a poor-quality product, the consumer may demand replacement, repair, a price reduction or a refund; warranty and shelf-life periods are stated in documents, and a proper-quality product can be exchanged within the short period set by law. Copyright arises by itself when a work is created. A civil case begins in court with a claim: stages follow in order, and the complaint routes are appeal and cassation. In labour law an employment contract is written; weekly working time is 40 hours, 36 for minors (16–18) and 24 (under 16); they are not involved in night, overtime or day-off work; leave is at least 21 calendar days (new Code). A map of the branches of law: constitutional, administrative, civil, labour, family, criminal and procedural law. Criminal law (the Criminal Code was adopted on 22 September 1994 and entered into force on 1 April 1995) defines crimes and punishment: liability is usually from 16 and for certain grave crimes from 14. Family law (the Family Code, 1998) regulates marriage and family relations; the marriage age is 18. These two branches are not given as separate topics in the textbook, so they are only briefly noted here; it is also worth remembering that laws change over time.

Worked examples
Which branch is a claim over unpaid rent? Civil law; a claim by an unlawfully dismissed employee is labour law; breaking order in a public place is administrative law; theft is criminal law.
Murod is 15. He may buy a small item in a shop and manage his own earnings (partial capacity at 14–18), but a major deal such as buying a flat needs his parents’ written consent. In summer he may do light work with parental consent and shortened hours.
Class activity

Final analysis: the class sorts 6 small cases (a rent dispute, a poor-quality phone, unlawful dismissal, breach of order, a copy of a work, a minor’s deal) into the matching branch of law and says which body to apply to; no real persons.

Practice
1
What are the ages of capacity?
2
What is the weekly working time for a minor employee?
3
Name the branch of law for each: theft, a rent dispute, dismissal.
4
Why should checking the current text of laws become a habit?