CIVIL LAW AND COMMON LAW LEGAL SYSTEMS

01 Oct CIVIL LAW AND COMMON LAW LEGAL SYSTEMS

CIVIL LAW EUROPEAN LEGAL SYSTEM

From this name, Europe is understood, except for the UK. It is the system of countries that largely originated in Roman law.

Features:

1- Codified: The Civil Law Legal System is a codified legal system. It consists in collecting the rules found in the unwritten form and collecting them in written form. Roman Law is a collection of law called Corpus Iuris Civilis with 1.Justinian has been codified.

The exception to this is that administrative law has not been introduced in France and Turkey. The rules are messy.

2- It is written: The Civil Law Legal System is a written legal system for the vast majority. (If the Customary Law is but a complementary source, it is not written.)

3- Case Law is Not the Main Source: In this system, case law is only seen as an auxiliary source of law. The decision of an upper court does not bind the lower court or other courts, there are exceptions. Administrative law in Turkey and France is largely a branch of jurisprudence law. The Decisions of the Supreme Courts to Consolidate Jurisprudence are also binding on the lower courts.

4- The Distinction between Private and Public Law: There is a distinction between private and public law dating from Roman Law.

5- Judicial Separation: There are at least two separate judicial orders in the Civil Law System. These are judicial and administrative proceedings. Both groups have their own upper courts.