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Text from Sabribri - English

  • Main differences between Common Law and civil law

  • Most countries today follow one of two major legal traditions : the Common Law or the civil law.
  • The Common Law tradition emerged in England during the Middle Ages.
  • It was applied within British colonies across continents.
  • The civil law tradition was developed regarding to him in continental Europe at the same time.
  • We make a distinction between case law and written law.
  • The case law is associated to Common Law system.
  • The written law, to civil law system.
  • The key factor in the Common Law system is precedent.
  • Precedent in its literal meaning is a Court decision that is cited as an example to resolve similar questions of law in later cases.
  • A common Law system gives significant importance to judge and their judgements while codes systems relies on civil law that are framed that to cover all cases.
  • Common law is generally uncodified.
  • This means that there is no comprehensive compilation of legal rules and statutes.
  • Civil Law, in contrast, is codified.
  • The judge’s role is to establish the facts of the case and to apply the provisions of the applicable code.
  • The judge’s decision is consequently less crucial.
  • Finally Common Law is based on an adversial system, in contrast to civil law system which have an inquisitorial system.

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