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Civil law or continental law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. However, modern systems are descendants of the 19th century codification movement, during which the most important codes (most prominently the Napoleonic Code and the BGB) came into existence. As discussed in detail below, the civil law systems of Scotland and South Africa are uncodified, and the civil law systems of Scandinavian countries remain largely uncodified.[citation needed] World distribution of major legal traditions The four major legal systems of the world today consist of civil law, common law, customary law, and religious law. ...
Roman law is the legal system of ancient Rome. ...
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject. ...
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ...
First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ...
Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) is the civil code of Germany. ...
Motto: (Latin for No one provokes me with impunity)1 Anthem: Multiple unofficial anthems Capital Edinburgh Largest city Glasgow Official language(s) English, Gaelic, Scots 2 Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister of the UK Tony Blair MP - First Minister Jack McConnell MSP Unification - by Kenneth I...
Scandinavia is a historical and geographical region centered on the Scandinavian Peninsula in Northern Europe. ...
Overview
Civil or civilian law is a legal tradition which is the base of the law in the majority of countries of the world, especially in continental Europe and the former Soviet Union, but also in Quebec (Canada), Louisiana (USA), Puerto Rico (a U.S. territory), Republic of Korea (South), Japan, Latin America and most former colonies of continental European countries. The Scottish legal system is usually considered to be a mixed system in that Scots law has a basis in Roman law, combining features of both uncodified and Civil law systems. In western and southwestern parts of the U.S., laws in such diverse areas as divorce and water rights show the influence of their Iberian civil law heritage, being based on distinctly different principles from the laws of the northeastern states colonized by settlers with English common-law roots. Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands and peninsulae. ...
Motto: Je me souviens (French: I remember) Official languages French Flower Blue Flag Iris (Iris versicolor Linné) Tree Yellow Birch Bird Snowy Owl Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation - House seats - Senate seats 75 24 Area Total - Land - Water (% of...
Official language(s) de jure: none de facto: English & French Capital Baton Rouge Largest city New Orleans [1] Area Ranked 31st - Total 51,885 sq mi (134,382 km²) - Width 130 miles (210 km) - Length 379 miles (610 km) - % water 16 - Latitude 29°N to 33°N - Longitude 89°W...
In the terminology of the United States insular areas, a commonwealth is an organized territory that has established with the Federal Government a more highly developed relationship, usually embodied in a written mutual agreement. ...
Latin America consists of the countries of South America and some of North America (including Central America and some the islands of the Caribbean) whose inhabitants mostly speak Romance languages, although Native American languages are also spoken. ...
Motto: (Latin for No one provokes me with impunity)1 Anthem: Multiple unofficial anthems Capital Edinburgh Largest city Glasgow Official language(s) English, Gaelic, Scots 2 Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister of the UK Tony Blair MP - First Minister Jack McConnell MSP Unification - by Kenneth I...
Scots law (or Scottish law) is the law of Scotland. ...
Roman law is the legal system of ancient Rome. ...
Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. ...
Water Rights refers to a legal system for allocating water from a water source to water users. ...
The Iberian Peninsula, or Iberia, is located in the extreme southwest of Europe. ...
The common law forms a major part of the law of those countries of the world with a history as British territories or colonies. ...
History The civil law is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed through the Middle Ages by mediæval legal scholars. Roman law is the legal system of ancient Rome. ...
Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) also known as Codex Justinianus is a fundamental work in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ...
Justinian depicted on one of the famous mosaics of the Basilica of San Vitale. ...
The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ...
The acceptance of Roman law had different characteristics in different countries. In some of them its effect resulted from legislative act, i.e. it became positive law, whereas in other ones it became accepted by way of its processing by legal theorists. Positive law is law that has been codified into a written form. ...
Consequently, Roman law did not completely dominate in Europe. Roman law was a secondary source, that was applied only as long as local customs and local laws lacked a pertinent provision on a particular matter. However, local rules too were interpreted primarily according to Roman law (it being a common European legal tradition of sorts), resulting in its influencing the main source of law also.
A second characteristic, beyond Roman law foundations, is the extended codification of the adopted Roman law, i.e. its inclusion into civil codes. A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ...
The concept of codification developed especially during the 17th and 18th century, as an expression of both Natural Law and the ideas of the Enlightenment. The political ideal of that era was expressed by the concepts of democracy, protection of property and the rule of law. That ideal required the creation of certainty of law, through the recording of law and through its uniformity. So, the aforementioned mix of Roman law and customary and local law ceased to exist, and the road opened for law codification, which could contribute to the aims of the above mentioned political ideal. In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ...
Natural law or the law of nature (Latin lex naturalis) is a law whose content is set by nature, and that therefore has validity everywhere. ...
The Age of Enlightenment (from the German word Aufklärung, meaning Enlightenment) refers to eighteenth century in European and American philosophy, or the longer period including the seventeenth century and the Age of Reason. ...
Property designates those things that are commonly recognized as being the possessions of a person or group. ...
The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. ...
Another reason that contributed to codification was that the notion of the nation state, which was born during the 19th century, required the recording of the law that would be applicable to that state. This article may contain original research or unverified claims. ...
Certainly, there was also reaction to the aim of law codification. The proponents of codification regarded it as conducive to certainty, unity and systematic recording of the law; whereas its opponents claimed that codification would result in the ossification of the law.
At the end, despite whatever resistance to codification, the codification of European private laws moved forward. The French Napoleonic Code (code civil) of 1804, the German civil code (Bürgerliches Gesetzbuch) of 1900 and the Swiss codes were the most influential national civil codes. First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ...
Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) is the civil code of Germany. ...
The Zivilgesetzbuch (ZGB) is the Swiss civil code. ...
Because Germany was a rising power in the late 19th century, when many Asian nations were introducing civil law, the German Civil Code became the basis for the legal systems of Japan and South Korea. In China, the German Civil Code was introduced in the later years of the Qing Dynasty and formed the basis of the law of the Republic of China, which remains in force in Taiwan. The Qing Dynasty (Chinese: ; pinyin: Qīng cháo; Wade-Giles: Ching chao; Manchu: daicing gurun), occasionally known as the Manchu Dynasty, was a dynasty founded by the Manchu clan Aisin Gioro, in what is today northeast China, expanded into China and the surrounding territories, establishing the Empire...
Motto: Three Principles of the People (三民主義 San-min Chu-i) Anthem: National Anthem of the Republic of China Capital Taipei (de facto) Nanking (de jure)1 Largest city Taipei Official languages Mandarin (Guóyǔ) Government Semi-presidential system - President Chen Shui-bian - Vice President Annette Lu - Premier Su Tseng-chang...
Some authors consider civil law to have served as the foundation for socialist law used in Communist countries, which in this view would basically be civil law with the addition of Marxist-Leninist ideas. Socialist law is the official name of the legal system used in Communist states. ...
Communism is an ideology that seeks to establish a classless, stateless social organization, based upon common ownershipmovement]]. Early forms of human social organization have been described as primitive communism by Marxists. ...
Civil versus common law Civil law is primarily contrasted against common law, which is the legal system developed among Anglo-Saxon people, especially in England. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The original difference is that, historically, common law was law developed by custom, beginning before there were any written laws and continuing to be applied by courts after there were written laws, too, whereas civil law developed out of the Roman law of Justinian's Corpus Juris Civilis (Corpus Iuris Civilis). A convention is a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom. ...
Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) also known as Codex Justinianus is a fundamental work in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ...
In later times, civil law became codified as droit coutumier or customary law that were local compilations of legal principles recognized as normative. Sparked by the age of enlightenment, attempts to codify private law began during the second half of the 18th century (see civil code), but civil codes with a lasting influence were promulgated only after the French Revolution, in jurisdictions such as France (with its Napoleonic Code), Austria (see ABGB), Quebec (see Civil Code of Quebec), Spain (Código Civil), the Netherlands and Germany (see Bürgerliches Gesetzbuch). However, codification is by no means a defining characteristic of a civil law system, as e.g. the civil law systems of Scandinavian countries remain largely uncodified, whereas common law jurisdictions have frequently codified parts of their laws, e.g. in the U.S. Uniform Commercial Code. There are also mixed systems, such as the laws of Scotland, Louisiana, Quebec, the Philippines, Namibia and South Africa. The Age of Enlightenment refers to the 18th century in European philosophy, and is often thought of as part of a larger period which includes the Age of Reason. ...
A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ...
First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ...
The Allgemeines Bürgerliches Gesetzbuch (ABGB) is the Civil Code of Austria, enacted in 1811 after about 40 years of preparatory works. ...
Motto: Je me souviens (French: I remember) Official languages French Flower Blue Flag Iris (Iris versicolor Linné) Tree Yellow Birch Bird Snowy Owl Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation - House seats - Senate seats 75 24 Area Total - Land - Water (% of...
The Civil Code of Québec (CcQ) is the legal text defining civil laws in the province of Quebec, Canada. ...
Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) is the civil code of Germany. ...
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ...
The Uniform Commercial Code (UCC) is one of the uniform acts that has been promulgated in attempts to harmonize the law of sales and other commercial transactions in the fifty state in the United States of America. ...
Motto: (Latin for No one provokes me with impunity)1 Anthem: Multiple unofficial anthems Capital Edinburgh Largest city Glasgow Official language(s) English, Gaelic, Scots 2 Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister of the UK Tony Blair MP - First Minister Jack McConnell MSP Unification - by Kenneth I...
Official language(s) de jure: none de facto: English & French Capital Baton Rouge Largest city New Orleans [1] Area Ranked 31st - Total 51,885 sq mi (134,382 km²) - Width 130 miles (210 km) - Length 379 miles (610 km) - % water 16 - Latitude 29°N to 33°N - Longitude 89°W...
Motto: Je me souviens (French: I remember) Official languages French Flower Blue Flag Iris (Iris versicolor Linné) Tree Yellow Birch Bird Snowy Owl Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation - House seats - Senate seats 75 24 Area Total - Land - Water (% of...
Thus, the difference between civil law and common law lies not just in the mere fact of codification, but in the methodological approach to codes and statutes. In civil law countries, legislation is seen as the primary source of law. By default, courts thus base their judgments on the provisions of codes and statutes, from which solutions in particular cases are to be derived. Courts thus have to reason extensively on the basis of general rules and principles of the code, often drawing analogies from statutory provisions to fill lacunae and to achieve coherence. By contrast, in the common law system, cases are the primary source of law, while statutes are only seen as incursions into the common law and thus interpreted narrowly. The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...
Analogy is either the cognitive process of transferring or giving information from a particular subject (the analogue or source) to another particular subject (the target), or a linguistic expression corresponding to such a process. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
The underlying principle of separation of powers is seen somewhat differently in civil law and common law countries. In some common law countries, especially the United States, judges are seen as balancing the power of the other branches of government. By contrast, the original idea of separation of powers in France was to assign different roles to legislation and to judges, with the latter only applying the law (the judge as la bouche de la loi; 'the mouth of the law'). This translates into the fact that many civil law jurisdictions reject the formalistic notion of binding precedent (although paying due consideration to settled case-law), and that certain civil law systems are based upon the inquisitorial system rather than the adversarial system. The separation of powers (or trias politica, a term coined by French political Enlightenment thinker Montesquieu) is a model for the governance of democratic states. ...
Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ...
A judge or justice is an official who presides over a court. ...
In law, a precedent or authority is a legal case establishing a principle or rule which a court may need to adopt when deciding subsequent cases with similar issues or facts. ...
An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ...
The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ...
There are other notable differences between the legal methodologies of various civil law countries. For example, it is often said that common law opinions are much longer and contain elaborate reasoning, whereas legal opinions in civil law countries are usually very short and formal in nature. This is in principle true in France, where judges cite only legislation, but not prior case law. (However, this does not mean that judges do not consider it when drafting opinions.) By contrast, court opinions in German-speaking countries can be as long as English ones, and normally discuss prior cases and academic writing extensively.
There are, however, certain sociological differences. Civil law judges are usually trained and promoted separately from attorneys, whereas common law judges are usually selected from accomplished and reputable attorneys. Also, the influence of articles by legal academics on case law tends to be much greater in civil law countries. In the United States, the institution where future lawyers obtain a legal degree is called a law school. ...
Criminal procedure Civil and common law system also differ considerably in criminal procedure. In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument. [dubious — see talk page] An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ...
Subgroups The term "civil law" as applied to a legal tradition actually originates in English-speaking countries, where it was used to lump all non-English legal traditions together and contrast them to the English common law. However, since continental European traditions are by no means uniform, scholars of comparative law and economists promoting the legal origins theory usually subdivide civil law into three distinct groups: To meet Wikipedias quality standards, this article or section may require cleanup. ...
In economics, the Legal Origins Theory states that many aspects of a countrys economic state of development are the result of their legal system, most of all where a particular country received its law from. ...
- French civil law: in France, the Benelux countries, Italy, Spain and former colonies of those countries;
- German civil law: in Germany, Austria, Switzerland, Greece, Portugal, Turkey, Japan, South Korea and the Republic of China;
- Scandinavian civil law: in Denmark, Norway and Sweden. Finland and Iceland inherited the system from their neighbours.
- Chinese law is a mixture of civil law and socialist law.
Portugal, Brazil and Italy have evolved from French to German influence, as their 19th century civil codes were close to the Napoleonic Code and their 20th century civil codes are much closer to the German Bürgerliches Gesetzbuch. Legal culture and law schools have also come near to the German system. The other law in these countries is often said to be of a hybrid nature. In academic terms, French law can be divided into two areas: private law (droit privé) and public law (droit public). Private law includes, in particular, civil law (droit civil) and criminal law (droit pénal). Public law includes, in particular, administrative law (droit administratif) and constitutional law (droit constitutionnel). However...
Satellite image of the Benelux countries Belgium Netherlands Luxembourg Benelux Benelux (or Bénélux) is an economic union in Western Europe comprising three neighbouring monarchies, Belgium, the Netherlands, and Luxembourg. ...
This article or section is in need of attention from an expert on the subject. ...
Motto: Three Principles of the People (三民主義 San-min Chu-i) Anthem: National Anthem of the Republic of China Capital Taipei (de facto) Nanking (de jure)1 Largest city Taipei Official languages Mandarin (Guóyǔ) Government Semi-presidential system - President Chen Shui-bian - Vice President Annette Lu - Premier Su Tseng-chang...
The Law of China, for most of the history of China, was rooted in the Confucian philosophy of social control. ...
Socialist law is the official name of the legal system used in Communist states. ...
Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ...
A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ...
First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ...
(19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s The 20th century lasted from 1901 to 2000 in the Gregorian calendar (often from (1900 to 1999 in common usage). ...
Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) is the civil code of Germany. ...
The Dutch law or at least the Dutch civil code cannot be easily placed in one of the mentioned groups either, and it has itself influenced the modern private law of other countries. The present Russian civil code is in part a translation of the Dutch one. To meet Wikipedias quality standards, this article or section may require cleanup. ...
Economic implications According to the legal origins theory promoted by some economists, civil law countries tend to emphasize social stability, while common law countries focus on the rights of an individual. In this theory, this has considerable effect on different countries' economic development.[citation needed] In economics, the Legal Origins Theory states that many aspects of a countrys economic state of development are the result of their legal system, most of all where a particular country received its law from. ...
The examples and perspective in this article or section may not represent a worldwide view. ...
See also A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ...
The Civil Code of Québec (CcQ) is the legal text defining civil laws in the province of Quebec, Canada. ...
World distribution of major legal traditions The four major legal systems of the world today consist of civil law, common law, customary law, and religious law. ...
Bibliography - MacQueen, Hector L. "Scots Law and the Road to the New Ius Commune." Electronic Journal of Comparative Law 4, no. 4 (December 2000).
- Moustaira Elina N., Comparative Law: University Courses (in Greek), Ant. N. Sakkoulas Publishers, Athens, 2004, ISBN 960-15-1267-5
External links - A collection of Roman Law resources maintained by professor Ernest Metzger.
- The Roman Law Library by Professor Yves Lassard and Alexandr Koptev
- A Civil Law to Common Law Dictionary by N. Stephan Kinsella, Louisiana Law Review (1994)[1]
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