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Encyclopedia > Civil Law (Legal System)

Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. Civil law as a legal system is often compared with common law. The main difference that is usually drawn between the two systems is that common law draws abstract rules from specific cases, whereas civil law starts with abstract rules, which judges must then apply to the various cases before them. WEEEEEE! Look at KIRBY DANCE!! (>'_')> <('_'<) (>'_')> Civil law has at least three meanings. ... World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ... 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). ...


Civil law has its roots in Roman law, Canon law and the Enlightenment. The legal systems in many civil law countries are based around one or several codes of law, which set out the main principles that guide the law. The most famous example is perhaps the French Civil Code, although the German Bürgerliches Gesetzbuch (or BGB) and the Swiss Civil Code are also landmark events in legal history. The civil law systems of Scotland and South Africa are uncodified, and the civil law systems of Scandinavian countries remain largely uncodified.[citation needed] Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... The Age of Enlightenment (French: ; German: ) was an eighteenth century movement in European and American philosophy, or the longer period including the Age of Reason. ... First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force... 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. ... This article is about the country. ... Scandinavia is a historical and geographical region centered on the Scandinavian Peninsula in Northern Europe which includes the three kingdoms of Denmark, Norway and Sweden. ...

Contents

History

Legal systems across the world. Civil law is orange; other systems are common law (lavender), mixed civil and common law (purple), custom (yellow) and fiqh (green).
Legal systems across the world. Civil law is orange; other systems are common law (lavender), mixed civil and common law (purple), custom (yellow) and fiqh (green).

The civil law system is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed by medieval legal scholars. Image File history File links Size of this preview: 800 × 371 pixelsFull resolution (1351 × 626 pixel, file size: 172 KB, MIME type: image/png) fr:Système juridique The source is University of Ottawa, Civil Law Department, which some kind of hierarchy between legal systems. ... Image File history File links Size of this preview: 800 × 371 pixelsFull resolution (1351 × 626 pixel, file size: 172 KB, MIME type: image/png) fr:Système juridique The source is University of Ottawa, Civil Law Department, which some kind of hierarchy between legal systems. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... 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. ... This article is about the Roman emperor. ... 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 a legal term having more than one meaning. ...


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


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 an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. ... The Age of Enlightenment (French: ; German: ) was an eighteenth century movement in European and American philosophy, or the longer period including the Age of Reason. ... This article or section does not cite any references or sources. ... 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. A nation-state is a specific form of state, which exists to provide a sovereign territory for a particular nation, and which derives its legitimacy from that function. ... Alternative meaning: Nineteenth Century (periodical) (18th century &#8212; 19th century &#8212; 20th century &#8212; 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. ...


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) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force... A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) is the civil code of Germany. ... Äž: For the film, see: 1900 (film). ... The Zivilgesetzbuch (ZGB) is the Swiss civil code. ...


Because Germany was a rising power in the late 19th century and its legal system was well organized, when many Asian nations were developing 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. Flag (1890-1912) Anthem Gong Jinou (1911) Territory of Qing China in 1892 Capital Shengjing (1636-1644) Beijing (1644-1912) Language(s) Chinese Manchu Mongolian Government Monarchy Emperor  - 1636-1643 Huang Taiji  - 1908-1912 Xuantong Emperor Prime Minister  - 1911 Yikuang  - 1911-1912 Yuan Shikai History  - Establishment of the Late... For the Chinese civilization, see China. ...


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. It has been suggested that this article or section be merged with Socialist Legality. ... Communism is an ideology that seeks to establish a classless, stateless social organization based on common ownership of the means of production. ...


Civil versus common law

Civil law is primarily contrasted against common law, which is the legal system developed among Anglo-Saxon people, especially in Britain. 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 (Body of Civil Law). This article or section does not adequately cite its references or sources. ... 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 [citation needed], 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) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force... 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) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Pierre Duchesne - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area  Ranked 2nd - Total 1,542,056 km² (595... The Civil Code of Québec (Code civil du Québec) is the civil code in force 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 or the Code) is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in 49 states (all except Louisiana) within the United States of America. ... This article is about the country. ... This article is about the U.S. State. ... , Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Pierre Duchesne - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area  Ranked 2nd - Total 1,542,056 km² (595...


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 both the cognitive process of transferring information from a particular subject (the analogue or source) to another particular subject (the target), and 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) The Politics series Politics Portal This box:      Separation of powers, a term faget from bob French political Enlightenment thinker Baron de Montesquieu[1][2], 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. ... This article does not cite any references or sources. ... In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. ...


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.[citation needed] 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. In some Civil law countries judges are trained and promoted separately from attorneys, whereas common law judges are usually selected from accomplished and reputable attorneys. In the Scandinavian countries judges are attorneys who have applied for the position, whereas France has a specialized graduate school for judges. Scandinavia is a historical and geographical region centered on the Scandinavian Peninsula in Northern Europe which includes the three kingdoms of Denmark, Norway and Sweden. ...


With respect to criminal procedure, certain civil law systems are based upon a variant of the inquisitorial system rather than the adversarial system. In common law countries, this kind of judicial organization is sometimes criticized as lacking a presumption of innocence. Most European countries, however, are parties to the European Convention on Human Rights and Article 6 guarantees "the right to a fair trial" and the presumption of innocence. The Convention is ratified by all the members and as such part of their national legislation. Some Civil law nations also have legislation that predates the Convention and secures the defendant the presumption of innocence. Amongst them Norway where the presumption is guaranteed by uncodified customary law and validated theory[1] recognized by the Supreme Court in plenary (effectively forming a precedent). 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. ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... “ECHR” redirects here. ... “ECHR” redirects here. ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... The Supreme Court of Norway, located in Oslo, is Norways most superior court. ... In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. ...


While the presumption of innocence is present, what distinguishes the more inquisitorial system is the frequent lack of a jury of peers, which is guaranteed in many common law jurisdictions. Inquisitorial systems tend to have something akin to a "bench" trial made up of a single judge or a tribunal. Some Scandinavian nations have a tribunal that consists of one civilian and two trained legal professionals. One result of the inquisitorial system's lack of jury trial is a significant difference in the rules of trial evidence. Common law rules of evidence are founded a concern that juries will misuse, or give inappropriate weight to unreliable evidence. In inquisitorial systems the rules of evidence are sometimes less complicated because legal professionals are considered capable of identifying reliable evidence. Most noteworthy of these is the lack of a hearsay rule. The common law hearsay rule has roughly 32 exceptions to its ban on the use of out-of-court statements.


Subgroups

Subgroups in Europe
Subgroups in Europe

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 four distinct groups: Image File history File links Size of this preview: 580 × 600 pixelsFull resolution (1203 × 1244 pixel, file size: 90 KB, MIME type: image/png) Rechtskreise Europas File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links Size of this preview: 580 × 600 pixelsFull resolution (1203 × 1244 pixel, file size: 90 KB, MIME type: image/png) Rechtskreise Europas File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... 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. ...

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... Location of Benelux in Europe Official languages Dutch and French Membership  Belgium  Netherlands  Luxembourg Website http://www. ... A province is a territorial unit, almost always a country subdivision. ... , Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Pierre Duchesne - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area  Ranked 2nd - Total 1,542,056 km² (595... The modern German legal system is a system of law which is grounded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws as for example most regulations of the civil code (Bürgerliches Gesetzbuch, or BGB) were... For the Chinese civilization, see China. ... Chinese law is one of the oldest legal traditions in the world. ... It has been suggested that this article or section be merged with Socialist Legality. ... Alternative meaning: Nineteenth Century (periodical) (18th century &#8212; 19th century &#8212; 20th century &#8212; 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) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force... (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[citation needed]. The Netherlands is a civil law country. ... The Burgerlijk Wetboek (or BW) is the civil code of the Netherlands. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


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. ... Roman Dutch law is a legal system based on Roman law as applied in the Netherlands in the 17th and 18th century. ... Wikipedia does not yet have an article with this exact name. ... World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common 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

Notes

  1. ^ Eskeland, 510

External links


  Results from FactBites:
 
Civil law (legal system) - Wikipedia, the free encyclopedia (1640 words)
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.
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), Japan, Latin America, and most former colonies of continental European countries.
Chinese law is a mixture of civil law and socialist law.
  More results at FactBites »

 
 

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