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Law systems

The law system (also known as legal system) of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations.

In world mainly are following law systems:

* Civil law

* Common law

* Bijuridical (civil and common law)

* Islamic law (fiqh, Shariah)

In some countries there exists a combination of them.

Civil law system

Civil (or civilian) law is a legal system which goes back to Ancient Rome, although the later customary family law, and the canon law of procedure have also marked its development. Its most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. Nowadays it is the predominant system of law in the world which sets out a comprehensive system of rules, usually codified and interpreted by judges.

Overview

Civil law is a legal tradition which is the base of the law in the majority of countries of the world. It is in force in various forms in about 150 countries. Unlike common law systems, civil law jurisdictions deal with case law apart from any precedence value.

History

The civil law is based on Roman law, especially the Corpus Juris Civilis of Roman Emperor Justinian, as later developed through the Middle Ages by medieval legal scholars. The Justinian Code's doctrines provided a sophisticated model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system. The acceptance of Roman law had different characteristics in different countries. In some it went into force wholesale by legislative act, whereas in others it was diffused into society by increasingly influential legal experts and scholars.

Common law system

Common law (also known as precedent law or case law) is law developed by judges through decisions of courts. Its history begins in England. It was conceived in 1066 and born of a union between older Saxon law and the custom of the Norman conquerors. Wherever some version of the common law is in force, the native or official language of the country is English. The legal vocabulary, however, is likely to be markedly technical if not arcane and to contain much dead French and Latin.

This page was last modified on 18 January 2018 at 05:53.

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