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Topic: Civil law system


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  CalendarHome.com - - Calendar Encyclopedia   (Site not responding. Last check: 2007-10-05)
The civil law systems of Scotland and South Africa are uncodified, and the civil law systems of Scandinavian countries remain largely uncodified.
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.
Chinese law is a mixture of civil law and socialist law.
encyclopedia.calendarhome.com /cgi-bin/encyclopedia.pl?p=Civil_law_(legal_system)   (1813 words)

  
 civil law. The Columbia Encyclopedia, Sixth Edition. 2001-05
Civil law is based on written legal codes, a hallmark of the Roman legal system, in which disputes were settled by reference to a written legal code arrived at through legislation, edicts, and the like; common law is based on the precedents created by judicial decisions over time.
The traditional civil law decision states the applicable provision from the code or from a relevant statute, and the judgment is based upon that provision.
Nevertheless, civil law influenced the common law in the fields of admiralty law, testamentary law, and domestic relations, and civil law became part of the basis for the system of equity.
www.bartleby.com /65/ci/civillaw.html   (738 words)

  
 ipedia.com: Civil law Article   (Site not responding. Last check: 2007-10-05)
Civil law (as opposed to common law) is a legal tradition which is the basis of the law in many countries of the world, especially in continental Europe, but also Quebec, Louisiana, Japan, Latin America, and elsewhere.
Originally civil law was one common legal system in much of Europe, but with the development of nationalism in the 17th century Nordic countries and around the time of the French Revolution, it became fractured into separate national systems.
Civil law (as opposed to "canon law") is the secular legal system of the national government when there is also a system of ecclesiastical courts governed by a church's laws in the same country.
www.ipedia.com /civil_law.html   (702 words)

  
 Common Law - dKosopedia
Historically, substantive criminal law, the rules of evidence, the laws of inheritance and family law was also common law, although these areas of the law have been largely codified in legislative statutes or formal procedural rules made by courts acting in a regulatory way.
Still, a common law decision made in one court with sound reasoning is often used to influence a judge considering a similar issue in a different state who is not "bound" by the law of the state where the first judge makes the decision.
Likewise, even when statutes are present, in common law countries, they often simple address points of controversy in the common law, or are written with the expectation that judges will fill in the blanks, rather than with the comprehensive approach common in Civil Law countries.
www.dkosopedia.com /wiki/Common_law   (626 words)

  
 ISDLS - Legal Systems 101
At the same time, not all law in civil law countries is codified in the sense that it is organized into a comprehensive organic, whole statement of the law on a given subject.
Nevertheless, a judge in the civil law system is not legally bound by the previous decision of a higher court in an identical or similar case and is quite free to ignore the decision altogether.
In civil law countries, such authorities are often considered sources of law, looked to for the development of the doctrine relative to a given subject matter.
www.isdls.org /legal_systems_101.html   (2087 words)

  
 Los Angeles Lawyer - Common Law
The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts.
The opposition between civil law and common law legal systems has become increasingly blurred, with the importance of jurisprudence (almost like case law but in name) in civil law countries, and the growing importance of statute law and codes in common law countries (for instance, in matters of criminal law).
This was problematic as the patroon system of land holding, based on the feudal system and civil law, continued to operate in the colony until it was abolished in the mid-nineteenth century.
www.danataschner.com /common_law.html   (2677 words)

  
 August 1999 Administrative Law Newsletter   (Site not responding. Last check: 2007-10-05)
Civil law is the dominant legal system in most of Europe, all of Central and South America, parts of Asia and Africa, and even some areas of the common law world (e.g., Louisiana, Quebec, and Puerto Rico).
Later, the creation of canon or ecclesiastical law by the Roman Catholic church, and the development of laws covering commercial transactions resulting from the growth of the commercial classes and the expansion of commercial activities in European cities and regions, affected the content of the substantive law of the various civil law systems.
There is no comparable equity law in civil law countries, as the codes would not permit the growth of another branch of law outside the framework of the system, and equity would disrupt the required certainty found in the codes.
www.illinoisbar.org /Sections/adminlaw/8-99a.htm   (3211 words)

  
 CIVIL LAW (LEGAL SYSTEM) ALTERNATE GENIE SEARCH ENGINE, INC
Civil law is a legal_system derived from Roman_law and commonly used in Europe.
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 Civil law dating back to the Corpus_Juris_Civilis and common_law with medieval sources, further influenced by English_law after the Union of 1707.
Originally civil law was one common legal system in much of Europe, but with the development of nationalism in the 17th century Nordic countries and around the time of the French_Revolution, it became fractured into separate national systems.
www.agseinc.com /civil_law_(legal_system)   (1202 words)

  
 Law - Gurupedia
civil law system codification is also an attempt to structure the law according to fundamental ethical principles to create a sense of order and simplicity that all members of society can comprehend, not merely university trained jurists.
Individually codified laws are known as statutes, and the collective body of laws relating to one subject or emanating from one source are usually identified by specific reference.
Socialist law is the term for civil law as practiced within states of the former Soviet Union and its satellites; as well as within the Laws of China, Cuba, North Korea, and Vietnam.
www.gurupedia.com /l/la/law.htm   (2050 words)

  
 Civil law (legal system)   (Site not responding. Last check: 2007-10-05)
Civil law is a legal system derived from Roman law and commonly used in Europe.
Civil or civilian law is a legal tradition which is the basis of the law in the majority of countries of the world, especially in continental Europe, but also in Quebec (Canada), Louisiana (USA), Japan, Latin America, and most former colonies of continental European countires.
The civil law is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as latter developed through the Middle Ages by mediæval legal scholars.
www.worldhistory.com /wiki/C/Civil-law-(legal-system).htm   (1003 words)

  
 Civil law (legal system) | English | Dictionary & Translation by Babylon
Civil 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.
www.babylon.com /definition/Civil_law_(legal_system)_   (116 words)

  
 Civil Law - dKosopedia
Except for a few countries which have either a British legal tradition, known as Common Law countries, or a handful that have their own unique legal systems (such as China and Iran), the countries of the world use what are called a "Civil Law" system.
Civil Law countries have a "Civil Code" usually based either on the French Civil Code established by Napoleon (which in turn has some basis in the Roman Empire's Civil Law), or on the German Civil Code, established in the tradition of "German legal science" as a refinement of the French Civil Code.
In contrast, Common Law countries generally approach "Public Law" from the assumption that the government called the "Sovereign" in the British tradition, is immune from all liability except where the government has specifically consented to liability (such as in a contract, or in a statute authorizing particular claims on particular terms).
www.dkosopedia.com /wiki/Civil_Law   (738 words)

  
 Civil law - Biocrawler definition:Civil law - Biocrawler   (Site not responding. Last check: 2007-10-05)
Civil lawsuits sometimes occur as a result of criminal action, and such a lawsuit can be successful even when the defendant was found not guilty under criminal law.
Civil law (as opposed to "canon law") is the secular legal system of the national government when there is also a system of ecclesiastical courts governed by a church's laws in the same country.
This was the situation in England that repeatedly caused problems between the two legal systems, most famously perhaps the one that led to the murder of Thomas à Becket during the reign of Henry II of England.
www.biocrawler.com /biowiki/Civil_law   (462 words)

  
 GOVSTANDARD.COM: Legal Systems - Civil Law
Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges.
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, but also in Quebec (Canada), Louisiana (USA), Japan, Latin America, and most former colonies of continental European countries.
The civil law is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed through the Middle Ages by mediaval legal scholars.
www.govstandard.com /systems/civil.html   (1474 words)

  
 Ladas & Parry - Litigation - Foreign Patent Litigation
In such leading civil law countries as France and Germany courts try to ensure that there is some certainty in the law and that the same issue will be decided in the same way and in Germany, although not in France, it is common for earlier decisions to be referred to in a judgement.
Nevertheless, the civil law tradition precludes its judges from establishing broad principles of law in the absence of legislation, a possibility that is still at least theoretically open in the common law system.
A concomitant of this "civil service" approach to the role of judiciary is the widespread use of written materials and the absence of traditional common law tools, such as discovery or questioning of witnesses before the court in litigation procedures, in many civil law countries.
www.ladas.com /Litigation/ForeignPatentLitigation/Civil_Common_Law_Sys.html   (1924 words)

  
 MEXonline.com Mexican Legal System Overview
The U.S. common law system is based on the case law and statutory law of England and the American colonies before the American Revolution.
In contrast, Mexico's civil law system is derived primarily from Roman law as set forth in the compilation of codes and statutes of the Emperor Justinian, called Corpus Juris Civilis, and later refined in the French or Napoleonic Code of 1804.
Another traditional distinction between the two systems which has not declined in significance over the years is the importance of and reliance on case law precedent (a principle known as stare decisis) in the U.S. at both state and federal levels, compared with the sparse use of the case law in Mexico.
www.mexonline.com /lawreview.htm   (3051 words)

  
 internationalus
Common law systems have statutes also, but their legal systems are based on having case interpretations of statutes and also having legal standards that arise solely from cases.
In civil law systems, case law is referenced only in a vague way by noting the final holding of the court, but not even always including a citation to the original case or even the names of the parties to that referenced case.
In common law systems, case opinions are binding on all subsequent cases in the same court and lower courts within the same system.
www.law.pitt.edu /library/international/class059   (652 words)

  
 The Civil Law Notary
The notary at civil law is a highly trained public official who drafts private agreements into documentary language and then functions as an archivist of the document he or she creates.
A civil law notarial act is a structured private sector contract that is drafted and signed by the notary and preserved in the public sector.
One of the subtleties of the civil law notarial act is the manifest context of its safekeeping, a context that further guarantees its authenticity.
www.notarialarchives.org /civil.htm   (1060 words)

  
 Civil Law 101   (Site not responding. Last check: 2007-10-05)
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 Civil law dating back to the Corpus Juris Civilis and common law with medieval sources, further influenced by English law after the Union of 1707.
Thus, the difference between civil law and common law lies less in the mere fact of codification, but in the methodological approach to codes and statutes.
Case law (or, more properly, jurisprudence), plays a considerable role in virtually all civil law countries, even though the development of "judge-made law" through the rule of stare decisis is not formally recognized.
www.juiceenewsdaily.com /1105/business/civil_law.html?1130959193812   (1170 words)

  
 Los Angeles Lawyer - Civil Law
Civil law is a legal system derived from Roman law and commonly used in Europe.
Civil or civilian law is a legal tradition which is the basis of the law in the majority of countries of the world, especially in continental Europe, but also in Quebec (Canada), Louisiana (USA), Japan, Latin America, and most former colonies of continental European countries.
Civil law judges are usually trained and promoted separately from attorneys, whereas common law judges are usually selected from accomplished and reputable attorneys.
www.danataschner.com /civil_law_system.html   (1346 words)

  
 Civil Law
The role of judges in civil law jurisdictions differs considerably from that of judges in common law systems.
Civil law judges administer the codes that are written by legal scholars and enacted by legislators.
Civil law, on the other hand, is made by legislators who strive to supplement and modernize the codes, usually with the advice of legal scholars.
autocww.colorado.edu /~blackmon/E64ContentFiles/LawAndCourts/CivilLaw.html   (1460 words)

  
 Cornell Law Library - Legal Research: About the Law
The U.S. legal system is a common law system patterned on the British system, which means it evolved from the judicial decisions interpreting the unwritten law.
Common law is supplemented by statutes, but recently statutes and regulations have become the prominent form of law.
Civil law is based on a written code of laws.
library.lawschool.cornell.edu /Legal_Research/about_the_law.htm   (527 words)

  
 Malta Trusts - Trusts in Civil Law Systems : Chetcuti Cauchi Advocates :: Malta Trustees
By means of the amendments to Maltese law in order to incorporate trusts as one of the institutes in the domestic legal infrastructure, this transfer of ownership from the settlor to the trustee has been envisaged in a new clear dimension.
Some civil lawyers and researchers object to the introduction of trusts into a civil law system because it may be used to try to disregard or indeed breach rules of a legal system which are so important to the fundamentals of the same that they are termed as being mandatory.
Also if then the settlor is a civil law domiciliary, the courts may apply the law of their domicile and any rules relating to reserved portion and other succession rules must be inevitably respected to the extent that they are mandatory.
www.cc-advocates.com /trust-law/malta-trusts-civil-law-systems.htm   (7996 words)

  
 William Tetley, Mixed jurisdictions: common law <i>vs</i> civil law (codified and uncodified) (Part I)
Civil law jurisdictions often have a statute law that is heavily influenced by the common law.
The diversity of the sources of the civil law, the diversity of languages in which it was expressed, the absence of contemporary commentaries on that law and the reputed "advantages" of the French and Louisiana codes, resulted in pressure for codification, which led to the formation of a commission in 1857.
Civil law decisions first identify the legal principles that might be relevant, then verify if the facts support their application (only the facts relevant to the advanced principle thus need be stated).
www.unidroit.org /english/publications/review/articles/1999-3.htm   (12718 words)

  
 The Rule of Reason ::  Weblog of the Center for the Advancement of Capitalism
The most famous of these civil law systems is the "Code Napoleon" of 1804, which serves as the basis for modern French law.
It is widely recognized that the "rule of law" is necessary for a civil and prosperous society.
The beauty of the traditional common law system was there were relatively few rules, and the subsequent development of the law was based on the commonly understood first principles.
ruleofreason.blogspot.com /2003/05/civil-vs-common-law.htm   (477 words)

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