Civil Law vs Common Law

2192 WordsOct 30, 20119 Pages
There are more than 200 nations in the world nowadays, and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas, international law governs relations between states, institutions, and individuals across national boundaries, municipal law governs this same person within the boundaries of a particular state. The comparative law, which is the study, analysis, and comparison of the different municipal law systems, classifies countries into legal families. The two widely distributed families are the Romano-Germanic Civil Law and the Anglo-American Common Law. This short essay seeks an answer to the differences between two fundamentally different legal theories or systems. The original…show more content…
The French Code is an evaluate version of the Corpus Juris Civilis because it incorporated the principle ideas of the French Revolution, including the right to possess private property, the freedom to contract, and the autonomy of the patriarchal family. With private property, the Code’s authors: J.J Cambacérès and Napoléon consciously attempted to break the old feudal estates of the aristocracy by prohibiting restraints on the sale of land. The French code joined one of the United State Constitution mentioning that lawyers couldn’t foresee every possible legal eventuality, thus they set flexible general maxima of justice rather than detailed provisions. Unlike the French Code The German Civil Code was meant for the use of trained experts. Indeed because of the Pandectits, the German’s Codes’ organization and form is incredibly precise and technical. Sentence structure indicates which party had the burden of proof. However its overall approach rely on many of the same political and philosophical ideals, notably the “laisser faire” economics and the autonomous right of individuals. [5] Moreover separated and apart from the movement of codification of civil or private law occurred the development of the public law, a constitutional and administrative law.
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