Common Law vs Civil Law Quiz Ⅰ

Common Law System

• Countries that were previously British colonies or protectorates use common law
• Judicial decisions are binding & only overturned by legislation or the highest court
• Contracts typically have extensive freedom & few implied provisions
• Everything is permitted legally unless specifically prohibited by law

Civil Law System

• Countries that were previously French, Dutch, German, Spanish, or Portuguese colonies use civil law
• Central and South America, Central & Eastern Europe, and East Asia typically follow a civil law system
• System is codified with written constitutions, civil codes, corporate law, administrative law, tax law, and constitutional law
• Legislative enactments are legally binding, not judge-made law
• Legal scholars' writings influence court decisions
• Administrative law is often less codified, judges act like common law judges
• Separate courts exist (constitutional, administrative, and civil) to ensure consistency

Key Differences: Civil Law vs. Common Law

• Written Constitutions: Common law does not always have a written constitution, while civil law always has a written constitution.
• Judicial Decisions: Common law judicial decisions are legally binding, while civil law's judicial decisions are not binding on third parties; however, rulings from constitutional and administrative courts are binding on all parties
• Freedom of Contract: Common law has extensive freedom of contract with little implied provision. Civil law has more limited freedom of contract with greater implied provision.
• Court Systems for PPP Projects: Common law systems usually have private law courts dealing with contractual relationships, while civil law systems usually see PPPs as public services & are subject to public administrative law

Judicial Decisions in Civil Law Countries

• Civil law prioritizes written statutes & codes over previous court decisions (precedents)
• Prior decisions can influence interpretation, but are not legally binding
• Courts interpret the law as written, rather than creating new law
• Judges use past rulings as persuasive authority, not binding precedents
• Constitutional and administrative court decisions can override legislative enactments and are binding across all parties

Subscription Service Contract Example

• Large streaming service provider (A) has strong bargaining power over individual subscribers (B).
• Standard contracts likely favor A with terms like no prior notice for price increases.
• Consumer protection laws can imply additional terms into the contract to protect B's interests.
• Implied terms that may favor B:
  • Notice Requirement: (A) must provide (B) with reasonable notice before increasing prices
  • Right to Cancel: (B) has the right to cancel the subscription without penalty if they do not agree to a new price.

Test your knowledge on the common and civil law systems. This quiz explores the defining characteristics, origins, and applications of these legal frameworks used around the world. Understand the foundational elements that differentiate these two major legal traditions.