Civil Law And Common Law Essay

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Difference between Common law and Civil law Introduction Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They…show more content…
Civil law it also has other names like a continental or Romano-Germanic legal systems, and it acts in about 60% of countries through the world. The civil law modified or localized system which developed and organized on rules, notion and ideas which derived from Roman law, with some influence of canon law with aim of improving relations between human beings and individual freedom. According to the (LSU law center, n.d) there are several benefits of civil law which you can read next. “A comprehensive system of rules and principles usually arranged in codes and easily accessible to citizens and jurists. A well-organized system that favors cooperation, order, and predictability, based on a logical and dynamic taxonomy developed from Roman law and reflected in the structure of the codes. An adaptable system, with civil codes avoiding excessive detail and containing general clauses that permit adaptation to change. A primarily legislative system, yet leaving room for the judiciary to adjust rules to social change and new needs, by way of interpretation and creative jurisprudence”. As written upper, this legal system covers very huge amount of the world. It acts in places like a Spain, China, Japan, Germany, most African nations, all South American nations (except Guyana), most of European countries. Some of them choose this law system voluntarily some of them took this system during the…show more content…
Not everyone know that they have similar tool but different way of making law and justice. These two laws has lot of difference but in this essay I will write about most four interesting distinctions of them, they are constitution, Legal Systems, Role of judges, and precedents. First is constitution, it is known that constitution is document where was written set of main rules or established precedents according to which a country or other organization is governed, but not all of us know that in a common law not always codified laws or written constitution. It works little bit different according to the cases system, which I will write later. In the situation with civil law it more clearly, because it has main written constitution with a codes and rules, according to this set of rules works courts and other government systems. The second main difference is legal system. Civil law legal system mostly developed in a Europe which main feature is that its core law system and every rule and law fixed and rare could be changed or modified by president and parliament. In a common law the Legal system characterized by case law, which means that law developed by judges through decisions of courts and similar tribunals. The third difference is Role of judges. As written upper in a common law legal system, judges have more power and flexibility. The court make a verdict according to the
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