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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.

МОЛИМО, ПОМОЗИТЕ ИСПРАВИТИ СВАКУ РЕЧЕНИЦУ! - English