Upload
leticia-patino
View
119
Download
8
Tags:
Embed Size (px)
DESCRIPTION
Citation preview
The Com-parison of Civil Law Systems
*Professor Leticia G.
Patino
Presenter:
* Professor Leticia G.
Patino
Email: ProfessorPatino
@yahoo.com
* Professor Leticia G.
Patino
Office: Law Department
Room 208
* Professor Leticia G.
Patino
Office Phone #: 053–810-2689
* Professor Leticia G.
Patino
Welcome
The three major legal systems of the world today consist of:
civil law, common lawreligious law. However, countries have often developed varia-tions on each system or incorporated many other features into the system.
List of country legal systems
Legal Systems of the World Civil law Common law Bijuridical (civil and common law, also known as mixed jurisdiction) Customary law Shariah
Civil law is the most widespread system of law around the world.
While the concept of
codificationdates back to the Code
of Hammurabi in Babylon
ca. 1790 B.C. . . .
Civil law systems mainly derive from the Roman Empire, and more particularly, theCorpus Juris Civilis is-
sued by the Emperor Jus-tinian ca. AD 529.
This was an extensive reform of the law in the Byzantine Empire, bringing it together into codified documents.
Civil law was also partly influenced by religious laws
such as
Canon law and Islamic law.
Civil law today,in theory, is interpreted
rather than
developed or made by judges.
Only legislative en-actments
(rather than judicial prece-dents,
as in common law)
are considered legally binding.
Civ
i l
La
w
Co
un
trie
s
A list of countries that base their legal system on a codified civil law “
Albania Angola Argentina Andorra Aruba Austria Azerbaijan Belarus Belgium Benin Bolivia Bosnia and Herzegovina Brazil Bulgaria Burkina Faso Burundi Chad People's Republic of China Republic of the Congo Democratic Republic of the Congo Cote d'Ivoire Cambodia Cape Verde Central African Republic Chile Colombia Costa Rica Croatia Cuba Czech Republic Denmark Dominican Republic Ecuador El Salvador Estonia Finland France Equatorial Guinea Ethiopia Gabon Guinea Guinea- Bissau Georgia Germany Greece Guatemala Haiti Honduras
Albania Angola Argentina Andorra Aruba Austria Azerbaijan Belarus Belgium Benin Bolivia Bosnia and Herzegovina Brazil Bulgaria Burkina Faso Burundi Chad People's Republic of China Republic of the Congo Democratic Republic of the Congo Cote d'Ivoire Cambodia Cape Verde Central African Republic Chile Colombia Costa Rica Croatia Cuba Czech Republic Denmark Dominican Republic Ecuador El Salvador Estonia Finland France Equatorial Guinea Ethiopia Gabon Guinea Guinea- Bissau Georgia Germany Greece Guatemala Haiti Honduras
Finland France Equatorial Guinea Ethiopia Gabon Guinea Guinea- Bissau Georgia Germany Greece Guatemala Haiti Honduras Hungary Iceland Italy J apan Latvia Lebanon Lithuania
Lebanon Lithuania Luxembourg Macau Mexico Mongolia Montenegro Netherlands Norway Panama Paraguay Peru Poland Portugal Republic of China (Taiwan) Romania Russia São Tomé e Príncipe
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Turkey
Ukraine
Uruguay
Uzbekistan
Vietnam
German civil law, a modified civil law, is used in: Germany, Austria, Switzerland, former Yugoslav republics, Greece, Portugal, Turkey, Japan, South Korea and the Republic of China
Civil law is a legal system inspired by Roman law.
The primary feature is that:
The laws are written into a collection,
codified,
(Definition:Laws that are written,
organized and col-lected)
and not (as in common law) determined by judges.
Civil law formulates
general principles,
Civil law distinguishes between
substantive rules and
procedural rules.
Civil law holds legisla-tion as the
primary source of law.
The court system is
inquisitorial.(Inquisitive, asking ques-tions, seeking answers.)
The court system is
unbound by precedent.
The court systemis
composed of specially trained judicial officers.
They have lim-ited authority to
interpret law.
Juries separate from the judges
are not used.
Although, in some cases,
volunteer lay judges
work with legally trained career judges.
* Professor Leticia G.
Patino
Any Ques-tions ?
*Professor.-Patino
@yahoo.com
*If you want a copy of this presentation, please send me your email with your name and student number.