Текст од 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.
- SabribriApril 2016Сада гласајте !
МОЛИМО, ПОМОЗИТЕ ИСПРАВИТИ СВАКУ РЕЧЕНИЦУ! - English