Comparison of Common Law and Civil Law Essay

COMMON LAW(characteristics)for comparing or contrast place Common police force transcriptions ar for the most part found in motive(prenominal) british colony and protectorate including US, it is less prescriptive than civilian constabulary system,citizens are benefited by reenactment and mandate in unique(predicate) fields.more lots are the implied toll usage. 1)represents the law of courts as expressed in discriminatory decision 2) found on precedents provided by past judicial decisions,no written statues or prescribed texts 3)trial by the jury and the doctrine of the supremacy of the law(originally meant king preceding(prenominal) law,now means acts of authoritiesall agencies are subject to scruting in ordinary legal proceedings) 4)everything is permitted which is not prohibited by law5)binding ,overruling through same court or legislationJudicial precedents derive their force from the doctrine of stare decisionslat= weather by the decided matteri.e that the prev ious decisions of the highest court in the jurisdiction are binding on all other courts in the jurisdiction changing conditions,however soon make most decisions inapplicable except as a basis for analogy, and a court must therefore a great deal sense of smell to the judicial experience of the rest of the English speaking world.This gives the system flexibleness while general acceptance of cetain authoritative materials provides a degree of stability.Neverthless,in many another(prenominal) instances, courts have failed to keep pace with social developments and it has become necessary to enact statues to bring about needed changes.In recent years ,statutes have superseded very much of common law,notablyin the fields of commercial administrative and criminal law,typically however in statutory interpretation the courts have recourse to the doctrines of common law.Thus increase legislation is limited but has not ended judicial supremacy. A common law system is slackly less prescrip tive than a civil law system. A government may therefore proclivity to enshrine protections of its citizens in specific legislation related to the infrastructure schedule be contemplated. For example, it may wish to prohibit the service provider from neat off the water or electricity supply of bad payers. amuse go to Legislation and Regulationsections for more information on this. There are few provisions implied into a signalize under the common law system it is therefore important to set out ALL the terms governing the relationship between the parties to a slenderize in the sign itself. This will often result in a contract being longer than one in a civil law country. obliging LAW(CHARACTERISITICS)1)based on statues and prescribed texts.2)available in written form, specific codes covering mostly3)corporate,tax income,constitution with basic rights and duties4)only legislative enactments are binding5)precedents are to be engageedCountries chase a civil law system are typ ically those that were former French, Dutch, German, Spanish or Portuguese colonies or protectorates, including much of Central and sulphur America. Also, most of the Central and Eastern European and East Asian countries borrow a civil law structure. The civil law system is a codified system of law. It takes its origins from Roman law. Features of a civil law system include * There is generally a written constitution based on specific codes (e.g., civil code, codes covering corporate law, administrative law, tax law and constitutional law) enshrining basic rights and duties administrative law is however usually less codified and administrative court judges tend to get along more like common law judges * Only legislative enactments are considered binding for all.There is little scope for judge-made law in civil, criminal and commercial courts, although in practice judges tend to follow previous judicial decisions consitutional and administrative courts erect nullify laws and reg ulations and their decisions in such(prenominal) cases are binding for all. * In some civil law systems, e.g., Germany, literature of legal scholars have significant influence on the courts * Courts specific to the fundamental codes there are therefore usually separate constitutional court, administrative court and civil court systems that opine on consistency of legislation and administrative acts with and interpret that specific code * Less freedom of contract many provisions are implied into the contract by law and parties cannot contract out of certain provisions.A civil law system is generally more prescriptive than a common law system. However, a government will still need to consider whether specific legislation is need to either limit the scope of a certain restriction to impart a successful infrastructure project, or may require specific legislation for a sector. Please go to Legislation and Regulation and Organizing government activity to think PPP sections for more information on this.There are a number of provisions implied into a contract under the civil law system less importance is generally placed on setting out ALL the terms governing the relationship between the parties to a contract in the contract itself as inadequacies or ambiguities can be remedied or resolved by operation of law. This will often result in a contract being shorter than one in a common law country.It is also important to note in the area of infrastructure that certain forms of infrastructure projects are referred to by well-defined legal concepts in civil law jurisdictions. Concessions and Affermage have a distinct technical meaning and structure to them that may not be silent or applied in a common law country. foreboding should be taken, therefore, in applying these terms loosely. This is further considered under Agreements.