Civil Law Legal System
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A Civil Law Legal System is a legal system that governs private disputes between individuals or entities.
- AKA: Civil Law.
- Context:
- It can range from being an Ancient Civil Law System to being a Modern Civil Law System, based on the time period and legal evolution, with modern systems often incorporating updated statutes and human rights principles.
- It can range from being a Codified Civil Law System to being a Mixed Legal System, based on the reliance on codified laws versus the incorporation of other legal traditions, such as customary or common law elements.
- It can range from being a Strictly Codified System to being an Interpretive Civil Law System, based on the degree to which judges are allowed to interpret and adapt statutes to specific cases.
- It can range from being a Napoleonic Code-Based System to being a Roman Law-Based System, based on historical influences, with the Napoleonic system shaping much of Europe and Latin America, while Roman law underlies many foundational principles globally.
- It can range from being a Formalistic Civil Law System to being a Pragmatic Civil Law System, based on the approach to legal procedures and flexibility in applying legal codes to specific cases.
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- It can govern private disputes across domains, such as Civil Disputes, Family Law, and Contract Law.
- It can rely on comprehensive legal codes, where principles and rules are codified to cover broad scenarios rather than specific case facts.
- It can be contrasted with the Common Law System, where judicial decisions and case law are primary sources of law.
- ...
- Example(s):
- Corpus Juris Civilis (based on Roman Law), which laid the foundation for civil law through comprehensive codification.
- Napoleonic Code, a landmark codified civil law system that heavily influenced modern civil law systems in Europe, Latin America, and beyond.
- German Civil Code (BGB), a prime example of a codified system with significant impact on civil law structures globally, emphasizing individual rights and obligations.
- Swiss Civil Code, known for its simplicity and adaptability, influencing civil law reforms in Turkey, Japan, and Latin American countries.
- Louisiana Civil Code, an example of a Mixed Legal System, blending Napoleonic Code principles with elements of common law, unique within the United States.
- Quebec Civil Code, a modern civil law system within Canada, harmonizing French Civil Law with Canadian law, illustrating a mixed legal system.
- Italian Civil Code, a comprehensive legal system rooted in the Napoleonic Code, establishing a structured framework for contract law, family law, and property law.
- Japanese Civil Code, originally based on the German Civil Code (BGB), which incorporates elements of codified law adapted for Japanese cultural and societal needs.
- Austrian Civil Code (ABGB), one of the oldest continuously used civil law codes, influencing legal systems in Central and Eastern Europe.
- Mexican Civil Code, a significant Latin American civil law system influenced by both the Napoleonic Code and Spanish colonial law, codifying property rights, family relations, and contract obligations.
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- Counter-Example(s):
- Common Law System, which relies on judicial precedent and case law rather than comprehensive legal codes.
- Criminal Law, which addresses offenses against the state rather than private disputes.
- Commercial Law, which often intersects with but is distinct from civil law, focusing on trade, commerce, and business relations.
- Corporate Law, governing the rights and responsibilities of corporate entities rather than private individuals.
- See: Legal Codes, List of National Legal Systems, Mainland Europe, Roman Law, Codification (Law), Common Law, Medieval England, Case Law, Precedent, Corpus Juris Civilis, Napoleonic Code, Early Germanic Law, Substantive Law, Procedural Law, Inquisitorial System
References
2023
- (Wikipedia, 2023) ⇒ https://en.wikipedia.org/wiki/Civil_law_(legal_system) Retrieved:2023-9-1.
- Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the Corpus Juris Civilis, but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, [1] as well as doctrinal strains such as natural law, codification, and legal positivism.
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. [2] It holds case law secondary and subordinate to statutory law. Civil law is often paired with the inquisitorial system, but the terms are not synonymous. There are key differences between a statute and a code.[3] The most pronounced features of civil systems are their legal codes, with concise and broadly applicable texts that typically avoid factually specific scenarios. [4] [3] The short articles in a civil law code deal in generalities and stand in contrast with ordinary statutes, which are often very long and very detailed.[3]
- Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the Corpus Juris Civilis, but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, [1] as well as doctrinal strains such as natural law, codification, and legal positivism.
- ↑ Charles Arnold Baker, The Companion to British History, s.v. “Civilian" (London: Routledge, 2001), 308.
- ↑ Michel Fromont, Grands systèmes de droit étrangers, 4th edn. (Paris: Dalloz, 2001), 8.
- ↑ 3.0 3.1 3.2 Steiner, Eva (2018). “Codification". French Law. Vol. 1. Oxford University Press. doi:10.1093/oso/9780198790884.001.0001. ISBN 978-0-19-879088-4.
- ↑ “The role of legislation is to set, by taking a broad approach, the general propositions of the law, to establish principles which will be fertile in application, and not to get down to the details. . . .” Alain Levasseur, Code Napoleon or Code Portalis?, 43 Tul. L. Rev. 762, 769 (1969).