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There are five main legal systems in the world

Extracts from this essay...

Introduction

There are five main legal systems in the world. They are: Civil law legal system, Common law legal system, Customary law system, Muslim law legal system and Mixed systems. Civil law legal system and common law legal system are the most important legal systems in the world, which effect on the all legal systems in the world for a very long time and have been adopt by the most countries. Civil law distinguished form common law is that Civil law is based on written legal codes, a characteristic of the Roman legal system, in which disputes were settled by reference to a written legal code arrived at through legislation, edicts, and the like. However, common law is based on the precedents created by judicial decision over time. "Civil law legal system is based on Roman law, especially the corpus Juris Civilis of emperor Justinian, as late developed through the Middle Ages by medieval legal scholars. The most authoritative modern source is Karl Eduard Zacharie."[1] Civil law legal system is commonly used in continental Europe, which is also used in Quebec (Canada), Louisiana (USA), Japan, China, Latin America, and most former colonies of continental European countries. One of the remarkable traits in civil law legal system is codified law, in order to follow the unified legal system and to use statute law.

Middle

Whereas, the primary source of law in the common law system is cases, while statutes are only seen as explanations which are introduced into the common law and interpreted narrowly.[4] With the development of legal systems, it is hard to distinguish the difference by the fact of codification because common law jurisdictions have frequently codified parts of their law. For example, the American has enacted the <<U.S. Uniform Commercial Code>>.Meanwhile, Case law is not the "patent" of some particular legal tradition, but an important component of the legal system in a society based on the rule of law.[5] Although civil law countries don't accept case as the source in judgment, lots of judge invoke methods as "judge-made law" under the rule of stare decisis in practices. Such as the American sociologist of law Marc Galant said, after a systematic investigation, the function of case law is a principle of modern legal systems in the world.[6] Because of the different backgrounds and juridical concepts between civil law legal system and common law legal system, some rules and definitions are also can be pointed out clearly: 1. The pre-judgment interests are recoverable as of right in civil law, which has just been rewarded only in relatively recent times in common law systems. 2.

Conclusion

(France); Art. 1617 C.C.Q. (Québec); Art. 2000 C.C. (Louisiana). Justice M H McHugh J, (1995), The Growth of Legislation and Litigation' 69 Australian Law Journal 37. Study gide. Qi, Zhang.,(2002), Comparative Law Study, Series NO.4, in Chinese, China The modern legal system, ,<<Modern legal research>>, 2000, p 252 Wikipedia Encyclopedia, civil law (legal system), [Online], available:http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29 [22nd, Mar, 2005] Wikipedia Encyclopedia, civil law (legal system), [online]. Available: http://encyclopedia.laborlawtalk.com/Civil%20law%20(legal%20system)#Civil_vs_Common_law [22, Mar, 2005] William Tetley, Q.C. (2000), Mixed jurisdictions : common law vs civil law (codified and uncodified), [online], available: http://www.unidroit.org/english/publications/ew/articles/1999-4a.htm[25, Mar, 2005] [1] see Civil law (legal system), Wikipedia Encyclopedia,. 22, Mar, 2005 http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29 [2] Asif Tufal, "The tort of negligence", 19th. May, 2003 http://www.lawteacher.net/Tort/Negligence/Negligence%20Flowchart.pdf [3] Justice M H McHugh J, 'The Growth of Legislation and Litigation' (1995) 69 Australian Law Journal 37. [4] ] see Civil law (legal system), Wikipedia Encyclopedia,. 22, Mar, 2005 http://encyclopedia.laborlawtalk.com/Civil%20law%20(legal%20system)#Civil_vs_Common_law [5] Qi, Zhang., Comparative Law Study, Series NO.4, 2002 in Chinese, China [6] The modern legal system, ,<<Modern legal research>>, 2000, p 252 [7] Art. 1153 C.C. (France); Art. 1617 C.C.Q. (Québec); Art. 2000 C.C. (Louisiana). [8] William Tetley, Q.C. Mixed jurisdictions : common law vs civil law (codified and uncodified), 17th.Mar.2000. http://www.unidroit.org/english/publications/review/articles/1999-4a.htm [9]see "dispute resolution", Wikipedia Encyclopedia,. 22, Mar, 2005 http://www.absoluteastronomy.com/encyclopedia/D/Di/Dispute_resolution.htm ?? ?? ?? ?? Compare the impact of two legal systems on business practices in terms of law making and dispute resolution. 1

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