Compare the impact of two legal systems on business practices in terms of law making and dispute resolution

Authors Avatar

RESEARCH PAPER

Compare the impact of two legal systems on business practices in terms of law making and dispute resolution.

Table of content

I   Introduction        2

II Law Making        4

a)  Law making in America        4

b) Law making in Switzerland        6

III Dispute Resolution        8

IV Conclusion        10

V Bibliography        11

I   INTRODUCTION

Common law and civil law are the two laws which are widely and commonly used around world. Focusing on the terms Common law and Civil law as it’s the main content in Research paper. England is the home of common law. It is based on the history and the roots lie in the middle Ages, it is a technique for deriving law from precedent. These earlier set of precedents are used to similar cases in Future. All the English speaking countries in world have adopted common law and there is no country that has succeeded translating common law in to other language. America is one of the country adopted Common law. Civil law is evolved form the Roman law based on the written civil code Most European countries like France, Germany, Italy and South American countries have a civil law system. Civil law developed within these countries were not compatible with each other each one designed its own legal structure that would meet its own needs and goals. And now days all countries adopted civil law have a civil code. Switzerland is one of the country adopted civil law. Civil law operates differently from common law the procedure of law, the terminology, the manner in which law authorities being identified, and the framework in which law is applied. Example: in common law a contract require consideration for a promise and in civil law contract has no true analogue. In common law before the statutory reform of the mid – twenty century a seller had to mention the warranty on the contract of sale but it could not be involved, but in civil law system

                                                                                                     

Buyers always had remedies based upon seller’s implied warranty that goods soled possessed qualities that buyers could presume.

II   Law Making

Law making in America:

In British parliament the bill becomes a law after passing by both the houses and approval of the royal assent which is same in American parliament. In British law no bill can become a law without the royal assent but in American common law bill can become a law without the sanction of president, If two third of the both the houses have passed the bill and have also presented the bill to the president but if the bill is not returned to the constitution by the president within ten days it is considered to be a law. A bill can be introduced at any point of time by any member of the congress within one day notice in senate (legislative council), three reading takes place according to the rules. The First reading take place where the title is introduced in the houses as a formality and there is no discussion or debate takes place in this reading. On the second reading the bill is debated by the members of legislative assembly and merits and demerits are discussed and than it is either sent to committee or if voted by majority of members it is engrossed and read for third time and is considered to be passed by the congress. And if committed than the bill is handed to committee, when the bill is ready the chairman of committee presents a written report to the house with the necessary amendments in the bill. Than the bill is forwarded to the other house, where again the debate takes place and it is decided to pass or reject the bill, It is necessary to approve the bill by both the houses of parliament before it can be said that the bill has been passed by parliament. Later the bill is

Join now!

                                                                                     

 Sent for Parchment (written on a high quality paper) and certified by the secretary of the house. Than signed by the president of the Senate.

                                  ...

This is a preview of the whole essay