Civil law

Civil law is a major branch of the legal system used in various parts of the world, primarily originating from the Roman law and further developed in continental Europe. It is the counterpart to common law, which is the legal system developed in England and later adopted by many countries that were once part of the British Empire.

Overview

Civil law is based on legislation, primarily codified in comprehensive legal codes, which serve as the primary source of law. This contrasts with common law systems where the primary source of law is case law and judicial decisions. Civil law systems emphasize legal principles that are consistent, predictable, and written down, making it easier for citizens to understand the law.

Characteristics

The main characteristics of civil law include:

• Codification: Most civil law systems operate under comprehensive collections of laws that are codified into codes which cover various aspects of the law. The most famous example is the Napoleonic Code of France.
• Judicial Decisions: In civil law systems, judicial decisions are not legally binding on other cases, and do not have the precedential value found in common law systems. However, they can still be considered as persuasive.
• Inquisitorial System: Many civil law countries use an inquisitorial system in their courts, where the judge plays a more active role in discovering the facts of the case.

Key Areas

Civil law covers a wide range of legal disciplines, including:

• Contract law: Governs the agreements entered into between private parties.
• Property law: Deals with the rights and duties associated with the ownership and tenancy of real estate and personal property.
• Tort law: Involves laws that provide remedies for individuals who have suffered harm by the unreasonable acts of another.
• Family law: Governs the legal aspects of family relationships like marriage, divorce, and child custody.
• Succession law: Deals with the disposition of a person's estate after death.

Global Influence

Civil law systems are used in various regions around the world, including much of Europe, Asia, and Latin America. The influence of civil law extends to several countries in Africa and the modern legal systems of Quebec in Canada and Louisiana in the United States.

Comparison with Common Law

The primary difference between civil law and common law is the role of written decisions and interpretations. In common law systems, the law is developed by judges through decisions of courts and similar tribunals (called case law), and may not be codified. In contrast, civil law decisions are based on codified statutes and laws passed by legislature.

See Also

• Legal systems of the world
• History of law
• Roman law
• Napoleonic Code