Comparative Private Law Overview
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Questions and Answers

What was the first modern civil code created in continental Europe?

  • Italian Civil Code 1865
  • German Bürgerliches Gesetzbuch
  • Code Napoleon (correct)
  • Common Law

The ius commune law became the only legal system by the end of the 18th century in Europe.

False (B)

What does 'Alma' mean in the context of the civil law tradition?

soul

The German modern civil code was established in _____ (year).

<p>1871</p> Signup and view all the answers

Match the following codifications with their respective countries:

<p>Code Napoleon = France Bürgerliches Gesetzbuch = Germany Italian Civil Code 1942 = Italy Civil Code 1865 = Italy</p> Signup and view all the answers

Which legal tradition emphasizes the role of judges and allows lawyers to become judges?

<p>Common Law (B)</p> Signup and view all the answers

The Italian civil code of 1865 was a direct translation of the German Bürgerliches Gesetzbuch.

<p>False (B)</p> Signup and view all the answers

What primary legal system influenced the development of civil law in Europe?

<p>Roman law</p> Signup and view all the answers

What were the Inns of Court primarily established for?

<p>To train lawyers (A)</p> Signup and view all the answers

In common law, precedents are not essential for solving cases.

<p>False (B)</p> Signup and view all the answers

Who is considered the father of the tort of negligence rule?

<p>Lord Denning</p> Signup and view all the answers

The law system in Saudi Arabia primarily follows _____ law.

<p>Islamic</p> Signup and view all the answers

Match the type of law with its description:

<p>Civil Law = Based on legislator and professors Common Law = Based on judicial decisions and precedents Religious Law = Norms that serve as the sole legal system Mixed Law = Combines religious norms with secular norms</p> Signup and view all the answers

What is a key feature of the legal system in civil law jurisdictions?

<p>Codified laws and legislators (B)</p> Signup and view all the answers

At the end of the internship in an Inn, a student is qualified to practice as an _____ barrister.

<p>utter</p> Signup and view all the answers

All barristers must belong to an Inn of Court.

<p>True (A)</p> Signup and view all the answers

What was a major characteristic of the 1920s regarding German influence in Italy?

<p>Height of prestige (D)</p> Signup and view all the answers

In civil law systems, judges are bound by past decisions.

<p>False (B)</p> Signup and view all the answers

What are the two predominant aspects of law development in common and civil law systems?

<p>Statutory law in common law and case law in civil law.</p> Signup and view all the answers

The ________ originated in the 14th century to train lawyers in common law.

<p>Inns of Court</p> Signup and view all the answers

Match the following legal systems with their characteristics:

<p>Common Law = Judges and lawyers make law Civil Law = Statutory law and codification Doctrine of Stare Decisis = Respect for past decisions Judicature Acts = Reform of court system</p> Signup and view all the answers

What is the main distinction of the German Civil Code compared to French law?

<p>It includes a General Part with definitions and abstract rules. (B)</p> Signup and view all the answers

What role did political conquest play in legal systems?

<p>Imposition of laws (B)</p> Signup and view all the answers

The German Civil Code does not include any rules in its General Part.

<p>True (A)</p> Signup and view all the answers

The Supreme Court of the UK is the lowest court in the civil justice system.

<p>False (B)</p> Signup and view all the answers

Who are considered the fathers of the German Civil Code?

<p>Savigny and Winsheid</p> Signup and view all the answers

Who was the first professor of law in the UK?

<p>William Blackstone</p> Signup and view all the answers

The theoretical work that served as the basis for the German Civil Code is called ___.

<p>USUS MODERNUS PANDECTARUM</p> Signup and view all the answers

Match the following concepts with their descriptions:

<p>Jurristenrecht = German Civil Code written by Professors Allemegemeinter Teil = General Part of Civil Law BGB = Civil Code system in Germany Exegetic legal methods = Interpretations based on detailed exegesis</p> Signup and view all the answers

Which country had two civil codes that were influenced by French and German models?

<p>Italy (B)</p> Signup and view all the answers

Nordic countries are heavily influenced by the German Civil Code.

<p>False (B)</p> Signup and view all the answers

The special parts of the German Civil Code include Law of obligations, ____, family law, and inheritance law.

<p>real rights</p> Signup and view all the answers

What is the main legislator of Islamic law?

<p>God (B)</p> Signup and view all the answers

Religious laws are inspired directly by God and can be changed by humans.

<p>False (B)</p> Signup and view all the answers

Name the two primary sources of Islamic law.

<p>Quran and Sunnah</p> Signup and view all the answers

In Judaism, the main religious law is called _______.

<p>Halakha</p> Signup and view all the answers

Match the following religious laws to their respective religions:

<p>Sharia = Islam Halakha = Judaism Canon Law = Christianity Laws made by humans = Civil Law</p> Signup and view all the answers

What legal reasoning method in Islamic law is similar to Common Law?

<p>Qiyas (analogy) (A)</p> Signup and view all the answers

Sharia law is adaptable and can change with human interpretation.

<p>False (B)</p> Signup and view all the answers

What is the main characteristic of Sharia that distinguishes it from civil law?

<p>Heteronomous</p> Signup and view all the answers

Which of the following chapters are included in the book of commentaries on the laws of England?

<p>Public wrongs (B)</p> Signup and view all the answers

Calvin's Case determined that common law should not be applied in politically occupied areas.

<p>False (B)</p> Signup and view all the answers

What was created on July 4, 1776, by the 13 British colonies?

<p>a confederation of states</p> Signup and view all the answers

Each American state has its own laws and rules in ________ law.

<p>private</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Common law = Legal system based on court decisions and precedents Federal court system = Court structure that applies federal law Supreme Court of the United States = Highest court in the American judicial hierarchy Diversity of law = Legal principle handling cases involving multiple states</p> Signup and view all the answers

Which countries are described as members of the Commonwealth association?

<p>New Zealand, India, and the UK (A)</p> Signup and view all the answers

The US legal system is characterized by a centralized structure similar to the UK.

<p>False (B)</p> Signup and view all the answers

What legislative body in the United States has jurisdiction over monetary and tax issues?

<p>US Congress</p> Signup and view all the answers

Flashcards

Ius Commune

A legal system based on Roman law principles, developed by Italian jurists, and widely adopted throughout continental Europe. It coexisted with local laws and customs.

Civil Law

A legal system that prioritizes written laws and codes, with judges applying the law as interpreted in those codes.

Code Napoleon

The first modern civil code, created in France in 1804, which significantly influenced legal systems across the world.

German Buergeliches Gesetzbuch

The German Civil Code, enacted in 1871, which became a major source of legal inspiration in the 20th century, particularly for its comprehensive approach to civil law.

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Common Law

A legal system based on precedents, where judges play a key role in interpreting and applying the law based on past decisions. Often referred to as 'case law' based on the principle of stare decisis.

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Stare Decisis

The principle in common law systems where judges adhere to precedents set by previous decisions in similar cases.

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Combined Legal Careers

A legal profession where lawyers can serve as both advocates and judges, with the potential to transition between roles.

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Separated Legal Careers

A legal profession where the roles of lawyers and judges remain distinct, with specialized training and paths for each.

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Inns of Court

Professional associations established in the 14th century to train lawyers in England.

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Religious Law

Legal systems that draw heavily on religious norms and doctrines.

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Religious Right-Based Legal System

Legal systems that incorporate religious norms alongside secular norms.

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Finding precedents

The process of finding and applying past court decisions to current cases.

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Procedure

A set of rules that govern the way a case is conducted in a court.

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Private Law

The body of laws governing private relationships between individuals, such as contracts and torts.

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Sharia

A set of religious laws in Islam based on the Quran and Sunna.

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Halakha

A religious law derived from the Torah and rabbinic interpretations.

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Quran

The divine source of Islamic law.

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Sunna

The practice of deriving law from the example and sayings of the Prophet Muhammad.

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Qanun

The ability of human beings to interpret and apply Sharia law.

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Fiqh

The process of deriving legal rulings from specific cases in Islamic law.

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Heteronomous

The principle that Islamic law originates from a divine source outside of human society.

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German Approach to Law

The systematic and theoretical approach to law development, particularly seen in the creation of the German Civil Code (BGB).

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German Civil Code (BGB)

A comprehensive legal framework for private law that emphasizes systematic organization and codified principles.

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General Part (Allemegemeinter Teil) of BGB

The first section of the German Civil Code, which sets forth general principles and definitions applicable to all areas of private law.

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Circulation of the BGB Model

The spread of the German Civil Code as a model for other legal systems, due to its perceived sophistication and influence.

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Influence Through Prestige

The adoption of a legal system or model through prestige and influence, rather than through force or imposition.

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Usus Modernus Pandectarum

The process of re-interpreting and systematizing Roman law principles in legal doctrine, which contributed to the development of the German Civil Code.

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Italian Civil Code

The Italian Civil Code, influenced by both French and German legal models, reflecting a blend of tradition and innovation.

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Influence of Foreign Legal Models

The adoption of legal methods and theories from a foreign system, leading to the translation of legal text and the emergence of new legal scholarship.

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Legal Transplants

The practice of borrowing and adapting legal systems from other jurisdictions, often resulting in a mix of influences. This process happens across the globe, shaping legal landscapes.

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Diffusion of Legal Models

The spread of legal models from one jurisdiction to another, either through force, prestige, or imitation.

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Contamination of Legal Systems

The blending of legal traditions and the development of legal systems over time, reflecting the influence of various sources.

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Civil Justice in England

The core legal institutions in England, responsible for handling civil cases. These courts form a hierarchy, with appeals possible to higher courts.

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Common Law System

The legal systems that rely on precedents set by judges in previous cases. It emphasizes judicial interpretation and the principle of stare decisis.

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Civil Law System

The legal systems that prioritize codified laws, with judges applying the law as written in these codes. It emphasizes legislative authority and written rules.

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Circulation of Common Law

The spread of common law principles from England to other countries, including colonies.

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Calvins’s Case

The process by which common law principles were applied in English colonies, even after independence.

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Federal State Structure

The division of legal authority between the federal government and individual states in the US.

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Jurisdiction of States

The application of state laws within specific geographical areas in the US.

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Supreme Court of the United States

The highest court in the US, responsible for interpreting federal law and ensuring consistent application of the Constitution.

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Study Notes

Comparative Private Law

  • Legal mentality of jurists is a combination of factors, history, and culture.
  • Historical process and legal culture shape each rule.
  • Cultural understanding is critical to understanding other legal systems.
  • Rules come from a deeper source than their immediate application.
  • Western legal tradition originated in Europe with common law and civil law subtraditions.
  • Shared history, economics, values, and basic rules exist, but are applied differently.
  • Legal modules circulate throughout legal systems.
  • History dictates legal value comparisons, economic developments, and legal system formations.
  • Legal systems were consolidated between the 11th and 13th centuries. Consolidation continued from the 14th-18th centuries with a transitional period between the middle ages and modern Europe, starting with the French Revolution.
  • Common law is based on royal and crown courts, writs, and royal courts.
  • Civil law is based on Justinian's Corpus Juris and Roman law study and teaching.
  • Civil law subjects are canon law scholars and professors.
  • Irnerius was a 9th-century professor who translated the Corpus Juris Civilis and taught legal systems.
  • Roman law spread throughout Italian legal systems; forming common law for continental Europe alongside local laws and customs.
  • Known as ius commune and had influence on other legal systems.
  • Roman law affected civil law alongside Italian scholars.
  • Modern nation-states emerged in the 18th century and each created their own laws.
  • Each state of continental Europe created a civil code, starting with France with the Code Napoléon (1804).
  • Code Napoléon was inspired by Roman law.
  • This impacted modern civil codes.
  • Code Napoléon addressed average citizens of France. This was different than previous ius commune and Roman law.
  • The common law, in England, was shaped by William the Conqueror, who initiated a Norman English kingdom.
  • English Lawyers, judges, and legal procedures were separated from the political establishment.
  • Inns of Court were professional associations created in the 14th century for training lawyers and legal professionals.
  • Common law procedures were taught in the royal courts until the 19th century..
  • Common law is based on case precedents and English courts follow previous cases.
  • In civil law, statutes are the basis of law, made by the legislators.
  • Religious law alongside common and civil law included customary law, mixed law, socialist law and religious law in civil and common law.
  • Islamic law is a part of religious laws with a legal system based on religious norms.
  • Sharia, Halakha, and Canon law are examples of religious laws.
  • In Islam, the religious legislator is God, so religious law is not changeable.
  • Jurisprudence in Islamic law is based on precedent, reasoning by analogy, and interpretation.
  • Islamic Law is based in the Quran and Sunna and is generated from these through regulations and interpretation.
  • Islamic law differs from other religious based systems based on a similar premise—that the legislator is God.
  • Islamic legal system based on legal precedent, reasoning by analogy (qiyas), legal interpretation, and the interpretation of the works of God for legal guidance.
  • Common law vs civil law regarding the classification of acts includes a division of lawful and unlawful acts, that has similarities with the Islamic legal code.
  • Classification of acts are categorized by compulsory, recommended, lawful, reprehensible, and prohibited actions, and are often tied to the reward or punishment in a person's afterlife.
  • World's legal systems (Civil and common law) are categorized by the Eastern legal tradition, Islamic law and religious based legal systems, and mixed legal systems.
  • Civil law is comprised of Irnerius, the first European civil law scholar, and the determining basis of private and civil law in the historic context of Roman law.
  • Roman law interpreted by Italian jurists created a common law in continental Europe that followed the application of local laws and local customs.
  • During the 19th-20th centuries, civil law emerged during modern times, based on legal transplantation and growing circulation of legal models .
  • Common law was spread by British colonization, emigration, and political conquest.
  • Common law spread by imposition and imitation because of the prestige it held among legal traditions.
  • Common law systems are based on precedents established in courts' case decisions, and the doctrine of stare decisis.
  • In the common law system, judges are bound to apply the doctrine of stare decisis, following established precedents in previous cases when making decisions in current cases.
  • Different circumstances make legal decisions different (e.g. colonial history, political conquest, prestige and imitation).
  • Legal systems vary and have influenced each other through different cultures, creating legal transplantation and circulation.

Acts Classification

  • Laws are often divided into lawful and unlawful acts for common and civil legal systems and can overlap with Islamic legal systems classifications with similar divisions.
  • Religious based legal systems have specific classifications of actions in relation to religious or divine laws.

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Description

Explore the intricate connections between legal mentality, culture, and history in Comparative Private Law. This quiz delves into how various legal systems have evolved over time, highlighting the impacts of historical processes on modern legal rules and traditions. Understand the differences and similarities between common law and civil law, and their cultural foundations.

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