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.
April 2016
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