Material and Formal Civil Law

Material and Formal Civil Law
Material Civil Law
The understanding of material civil law is to explain what actions can be punished as well as what penalties can be imposed. Material law determines the contents of an agreement, a relationship or an act. In terms of material law attention is paid to the contents of the regulations.

Formal Civil Law
The definition of formal civil law is to show how to maintain or carry out these regulations and in disputes the formal law shows how to settle before a judge. Formal law is also called Acaara law. In formal legal terms, attention is paid to how to maintain / implement the contents of the regulations. [2]

Civil Law Sources
The source of the law is anything that gives rise to rules that have force that is coercive, namely rules which if violated result in the emergence of strict and real sanctions. The source of civil law is the origin of civil law or the place where civil law is found. [4]
Volamar divides the source of civil law into four types. Namely the Civil Code, treaties, jurisprudence, and habits. Of the four sources are further divided into two kinds, namely written and unwritten civil law sources. What is meant by a written source of civil law is a place where civil law rules are found from a written source.
Generally written rules of civil law are contained in legislation, treaties and jurisprudence. The source of unwritten civil law is the place where civil law rules are found that originate from unwritten sources. As it is in customary law.

The sources of written civil law are:
AB (algemene bepalingen van Wetgeving) general provisions of the Dutch East Indies government
Civil Code (BW)
KUH trade
Law No. 1 of 1974
Law No 5 of 1960 concerning Agrarian Affairs. [5]
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Civil Law Systematics
Systematics, which is in English, is called systematics, the Dutch language, namely systematics, namely the composition or structure of the Civil Code. In countries that follow the Common Law system, there is no division between public law and private law.

So that the civil law is not made in a codification, but the provisions relating to civil law are scattered in various acts or laws. However, in the legal system that adheres to Civil Law, the main source of law, namely the codified law contained in the Civil Code. The following is presented systematically the Civil Code that applies in the World, the Netherlands, Russia, France and Germany. [6]

Systematic Civil Code applicable in the World, includes:
Book I: about people
Book I: concerning Civil Law
Book III: about Fisheries
Book IV: Proof and Expiration
In the Netherlands, the Civil Code has been perfected. With this improvement, a systematic change took place, which originally consisted of only five books, which included:
Book I: about the law of people and family (Personen-en-Familierecht)
Book II: about Legal Entities (Rechrspersoon)
Book III: about material laws (Van Verbindtenissen)
Book IV: about Expiration (Van Verjaring)

The five books have been perfected into ten books. The ten books, covering [7]
Book 1: Person and Family Law (People and Family Law)
Book 2: Legal Person
Book 3: Property Law in General (General property law)
Book 4: Succession (inheritance) (inheritance law)
Book 5: Real Property Rights (property rights)
Book 6: Bonds and Contracts (engagements and contracts)
Book 7: Particular Contracts (revised) (special agreement)
Book 7: Particular Contracts (unrevised) (special agreement)
Book 8: Transport Law
Book 9: Intellectual Property
Book 10: Private International Law (international civil law)