Comparison of common law and civil law essay

Common law vs civil law essay

A civil law system is generally more prescriptive than a common law system. This gives the system flexibility while general acceptance of cetain authoritative materials provides a degree of stability. Some civil law codes also contain mandatory notice periods before termination for breach of contract that cannot be avoided or overridden. A civil law system is generally more prescriptive than a common law system. For example, a spill from a chemical factory causing permanent pollution of the only water source would be considered force majeure. Care should be taken, therefore, in applying these terms loosely. There are a number of provisions implied into a contract under the civil law system — less importance is generally placed on setting out ALL the terms governing the relationship between the parties to a contract in the contract itself as inadequacies or ambiguities can be remedied or resolved by operation of law. In recent years ,statutes have superseded much of common law,notablyin the fields of commercial administrative and criminal law,typically however in statutory interpretation the courts have recourse to the doctrines of common law. Concessions and Affermage have a definite technical meaning and structure to them that may not be understood or applied in a common law country. Bankruptcy In Common law jurisdictions, such as England and the US, the emphasis when a business gets into financial trouble is on seeking a reorganization rather than a liquidation to keep the business as a going concern eg US, Chapter 11, UK administration. A contract that takes a background administrative law principle and spells out exactly how it is to be applied will generally be effective. Neverthless,in many instances, courts have failed to keep pace with social developments and it has become necessary to enact statues to bring about needed changes. This will often result in a contract being shorter than one in a common law country. The civil law system is a codified system of law. It is important to seek local legal advice to check whether these rules apply in a particular civil system.

Also, most of the Central and Eastern European and East Asian countries follow a civil law structure. Natural phenomena such as hurricanes and droughts may also be considered force majeure. Thus increased legislation is limited but has not ended judicial supremacy. There is little scope for judge-made law in civil, criminal and commercial courts, although in practice judges tend to follow previous judicial decisions; consitutional and administrative courts can nullify laws and regulations and their decisions in such cases are binding for all.

A government may therefore wish to enshrine protections of its citizens in specific legislation related to the infrastructure program being contemplated.

Common law civil law customary law

Natural phenomena such as hurricanes and droughts may also be considered force majeure. Thus increased legislation is limited but has not ended judicial supremacy. The operator is entitled to compensation for financial difficulties arising from large and unforeseen changes in economic conditions that render execution of the agreement financially hazardous. Care should be taken, therefore, in applying these terms loosely. This will often result in a contract being shorter than one in a common law country. Similar concepts exist in Mali, Tunisia and Algeria, for example. Please go to Legislation and Regulationsections for more information on this. In recent years ,statutes have superseded much of common law,notablyin the fields of commercial administrative and criminal law,typically however in statutory interpretation the courts have recourse to the doctrines of common law. This gives the system flexibility while general acceptance of cetain authoritative materials provides a degree of stability.

But, changing or overriding an administrative law principle may or may not be legally possible—that would need to be checked. Neverthless,in many instances, courts have failed to keep pace with social developments and it has become necessary to enact statues to bring about needed changes.

difference between common law and civil law ppt

How to cite this page Choose cite format:. Care should be taken, therefore, in applying these terms loosely. Some civil law codes also contain mandatory notice periods before termination for breach of contract that cannot be avoided or overridden. However, a government will still need to consider whether specific legislation is required to either limit the scope of a certain restriction to allow a successful infrastructure project, or may require specific legislation for a sector.

concept of legal research in common law and civil law
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Key Features of Common Law or Civil Law Systems