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How Law is Made and Interpreted in France, China and Indonesia

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How Law is Made and Interpreted in French Civil Law System

French Civil Code of 1804

Sources of French Civil Law

Doctrine

How Law is Made and Interpreted in China

Confucianism

Legalism

How Sharia Law is Made and Interpreted in Pluralist Indonesian System

How Law is Made and Interpreted in French Civil Law System

The civil law is a branch of private law governing relations between people, whether individuals or legal entities (Sacco, 1991, p.25).

It comprises of:

1. The law of obligations (including contract law);

2. The right people;

3. The family law;

4. The right of property;

5. The law of succession.

In France, civil law is the set of issues and legal acts which fall within the civil courts (Cruz, 2007, p.50). In this sense, it is opposed to criminal law, the commercial law and administrative law. It applies mainly to individuals, but also to legal persons of private law (Elliot & Vermon, 2000, p.32).

French Civil Code of 1804

Currently, the rules of civil law come mostly from the French Civil Code, which entered into force in 1804. It is usually called "Civil Code" or "Code Napoleon" includes laws relating to French civil law, that is to say the set of rules that determine the status of people (Book I), the property (Book II) and the relationships between individuals (books III and IV) (Glenn, 2010, p.137).

Political unification of law had been tried for a long time in the society of the ancient regime, but as the kings of France did not have the power to change the civil laws, this work was done slowly by the unification of jurisprudence and doctrine studies published by jurists (Glendon et al., 2006, p.130). An important initiative was made by Louis XIV with the Edict of Saint-Germain-...

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... Major Statutes of the People's Republic of China”, The. U. Miami Int'l & Comp. L. Rev., 9, p.225.

Sacco, R. (1991). “Legal formants: a dynamic approach to comparative law (Installment I of II)”, The American Journal of Comparative Law, 39(1) 1-34.

Schacht, J. (1982). “An Introduction to Islamic Law”, Oxford University Press, p.70.

Trevaskes, S. (2010). “The shifting sands of punishment in China in the era of “harmonious society” Law & Policy, 32(3), pp.332-361.

Wael B Hallaq, “Who’s who in the Shari’a” in An Introduction to Islamic Law (Cambridge University Press, 2009), Chapter 1: pp. 7-13, Chapter 2: pp. 14-30.

Yilmaz, I. (2004). “Muslim Legal Pluralism in England” in Muslim Laws, Politics and Society in Modern Nation States, pp 49–81.

Zweigert, K and H.Kotz (1987), “An Introduction to Comparative Law”, Chapter 28 ‘The Far Eastern Family’ Clarendon Press.
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