Understanding Civil Law Systems

• Civil law comes from Roman law, emphasizing codified laws and a systematic approach.
• It is defined by comprehensive legal codes and statutes as the main source of law.
• Unlike common law, civil law does not rely on precedent or judicial decisions.

Key Features of Civil Law

• Civil law systems use detailed legal codes covering various legal topics.
• Civil law is historically based on Roman law, especially the Corpus Juris Civilis from Byzantine Emperor Justinian I in the 6th century AD.
• In many civil law systems, judges actively investigate cases instead of depending on parties' arguments and evidence in an inquisitorial system.
• Prior judicial decisions offer guidance but aren't binding like in common law; rulings are based on legal code provisions.
• Legal scholars and academics significantly shape civil law via their writings and code analyses.

Sources of Civil Law

• Enacted legislation like constitutions, statutes, and regulations is most important in civil law.
• Customary law from long-standing practices is a source if it aligns with codified law.
• General legal principles are fundamental to the system, used to fill gaps or interpret unclear parts.
• Legal scholars' writings influence how the law is understood and used.
• Court decisions guide law application without setting common law precedents.

Core Areas of Civil Law

• Contract Law governs agreements, including formation, performance, and breach remedies.
• Tort Law addresses civil wrongs causing harm, offering remedies like damage compensation.
• Property Law defines rights to own, use, and transfer property, including real estate and personal items.
• Family Law covers legal aspects of marriage, divorce, child custody, and adoption.
• Inheritance Law (Succession) governs property transfer after death.
• Commercial Law covers business transactions, including company law, bankruptcy, and intellectual property.

Legal Process in Civil Law Systems

• Civil Procedure outlines rules for civil lawsuits.
• A civil case involves submitting pleadings, judge-led fact-finding, evidence, and a court decision based on codified law.
• Judges actively investigate facts, question witnesses, and apply the law.
• Losing parties can usually appeal to a higher court.

Common Law vs. Civil Law

• Common law relies on judicial precedent, while civil law uses codified statutes.
• Common law judges create law through precedent, but civil law judges apply existing codes.
• Common law uses an adversarial system, whereas civil law often uses an inquisitorial one.
• Common law stresses case analysis, while civil law emphasizes understanding legal codes.

Variations in Civil Law Systems

• Civil law systems vary due to different historical, cultural, and social factors, despite shared roots in Roman law and codification.
• National civil codes are customized for each jurisdiction's specific needs and values.
• Organizations like the EU can harmonize civil law among member states.

Explore civil law systems, derived from Roman law, emphasizing codified laws and systematic legal problem-solving. Key features include codification, Roman law influence, and an inquisitorial system. Learn about its differences from common law systems.