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What is a Civil Law System?

There are several legal systems around the world but out of the bunch, the most known ones are the civil law system, common law system, or the combination of both. In this article, we will learn about the civil law system that is adopted by a majority of nations (i.e., approximately 150 nations) around the world in some form or the other.

Brief History

Although there is a lot that went down in history before we finally got the present civil law system, there are a few crucial components that you may want to remember. For starters, the civil law system is a contribution from mainland England, however, the fundamentals of the system are based upon the principles laid down under Roman Law.

Over time, the system has spread around the world, however, the system has been adopted with a bit of change implying that nations have taken the liberty of tweaking the system in order to fit their needs. For instance, there are different sub-categories of the system that are prevalent around the world, such as nations that have adopted “uncodified mixed systems” in which both civil law (used as the academic source) and common law are being implemented, where civil law is the “background law” (Quebec, Philippines), etc.

Civil Law System

Civil law systems, often known as continental or Romano-Germanic legal systems, are found on all continents and account for over 60% of the global population.

One of the most basic definitions of a civil law system is that “it is a system where the primary emphasis is on the codification of law” implying that everything ranging from establishing legal procedures, punishments, and what can and cannot be brought before a court is solely dependent on the codified or written law.

Did you get it?

To better understand this, you can simply compare the civil law system with the common law system where the legal procedures can be created by court decisions a.k.a. judicial precedent. This means that in a common law system, courts have the power to create law with the help of judicial precedents while in civil law systems, courts rely on written statutes, and they can simply establish facts of the case and provide relief laid down under the written statutes.

Source: GIPHY

To learn about the common law system, click on this link.

One Comment

  1. […] bunch, the most known ones are the civil law system, common law system, or the combination of both. In the previous article, we learned about the civil law system but in this article, we would explore a bit about the latter […]

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