Branches of Law Group Two LLB

What are the Different Branches of Law
Law can be divided into two main branches namely: International and Domestic Law.
The International Law can be further sub-divided into Public International Law and
Private international law. Public international law refers to that branch of law that
regulates the external relations of states and other subjects of international law, including
international organizations, with one another. Private International Law refers to the rules
governing relations between private parties, in which there exists an international element
in so far as rules belonging to more than one legal system can be equally applied.
Domestic (National) Law, is also called municipal law, refers to the rules of a particular
country, which are meant to regulate its society. Where a state has a federal structure,
there exists more than one legal system: the federal laws, and those of the states.
Domestic Law can also be further divided into three main parts: the Private Law, Public
Law and Mixed branch.
Private Law is also called Civil Law. It is concerned with the legal relationship between
individual. Private Law also determines a person’s legal rights and obligation in many
kinds of activities that involve other people.
The Private Law can be divided into four major branches according to the kinds of legal
rights and obligation involved. These branches are: Family Law, Property Law, Company
Law, and also Contract Law.
Family Law determines the legal rights and obligations of husbands and wives and of
parents and children. It covers various matters such as marriage, divorce, adoption and
child support.
Property Law governs the ownership and use of property. Property may be real, such as
immovable property, or personal, such as an automobile and clothing. The Law ensures a
person’s right to own property. However, the owner must use the property lawfully.
People also have the right to sell or lease their property and to acquire the property of
others. Property Law determines a person’s right and obligation involved in such
transaction.
According to section 8 of the constitution, Protection from Deprivation of Property, “No

Property of any description shall be compulsorily taken possession of, and no interest in
or right over property of any description shall be compulsorily acquired except in certain
circumstances. Also vide the case Mahbood v/s Government of Mauritius 1982 MR 135.
Another part of the private law is the Company Law that regulates the commercial
activities in Mauritius. It is through the Companies Act 2001 that regulates those
commercial activities
Contract Law deals with the rights and obligation of people who make contracts. A
contract is an agreement between two or more persons that can de enforced by Law, for
e.g. “Acte Sous Seing Prive”. A wide variety of business activities depend on the use of
contracts. A business firm makes contract both with other firms, such as suppliers and
transporters, and with private persons, such as customers and employees.
Furthermore, we have also other types of Private Law in terms of Tort Law. A Tort is a
wrong or injury that a person suffers because of someone else’s action. The action may
action may cause bodily harm; damage a person’s property, business, or reputation; or
make an unauthorized use of a person’s property. The victim may sue the person or
persons responsible. Tort laws deals with the right and obligations of the persons
involved in such cases. Many torts are unintentional, such as damages in traffic accidents.
But if a tort is deliberate and involves serious harm, it may be treated as a crime.
Public Law is concerned with the distribution and exercise of power by the state and the
legal relations between the state and the individual. Public Law can be divided into three
branches; Criminal Law, Constitutional Law, and Administrative Law.
Criminal Law deals with crimes that is, actions considered harmful to society. The crime
ranges in seriousness from disorderly conduct to murder. Criminal Law defines these
offences and set the rules for the arrest, the possible trial, and the punishment of
offenders.
Constitutional Law refers to the law relating to its constitution. It is used to designate the
whole sets of rules and norms which will regulate the constitutional framework of a given
state.
Administrative Law is that branch of public law which is concerned with the
composition, procedures, powers, duties, right and liabilities of various organs of
government which are engaged in administering public policies. These policies have been
either laid down by parliament in legislation or developed by the government and other
authorities in the exercise of their executive powers.
Moreover there are some Law that mixed by their nature. They can form part of both the
private law and public law. These can be in terms of the Commercial Law, and Labour
Law.
Commercial Law is geared towards regulating the relations between traders and also to
regulate commercial activities and operations. This branch of law provides commercial
tools and, means and mechanisms for traders to operate and act as traders. Commercial
law may be applicable exceptionally for non-traders. We have also code de commerce
proclaimed in 1809.
Labour Law examines legal regulation of employment relations. In Mauritius, the labour
law is represented through the Employment Relations Bill. The labour Law caters for all
industrial matters occurring in an organization.
Thus there can be different branches of law. Given the fact that Mauritius usually takes
various laws from different countries, we have ultimately some laws that are mixed while
others can be classified into private and public law.
Research by William

Branches of Law Group Two LLB

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What are the Different Branches of Law

According to section 8 of the constitution, Protection from Deprivation of Property, “No

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