Important Characteristics of Common Law or Civil Law Systems
Every country has different laws but most of the countries adopt features from others into their own legal systems. The law is important to structure the rules and regulations in the country. The students who are studying law must understand the features of common as well as civil law. If you are one of the students who is facing any kind of trouble with the law assignments then there is one perfect solution for you. BookMyEssay offers top quality law assignment help which encompasses all the major topics in this field. However, you should also read this blog post if you want information about the characteristics of the civil law.
Common-Law System
We can say that common law is less dictatorial than the civil law system. If there is an infrastructure program being contemplated then the government is allowed to intervene to enshrine the safety of the citizens in some particular legislation. For instance, if the government wants to prohibit some service provider to stop the supply of water and electricity then there is the need for the transnational documents being disclosed under the information act of freedom. It all depends upon the legal requirements. If we talk about the contract that underlies the common law system then it has few provisions into it. Below-mentioned are some common features that common law system of the country includes:
- It doesn’t always have the written constitution or the codified laws.
- The contract has extensive freedom as there are only a few provisions implied into the contract by law.
- The citizens of the country are free to do anything that is not expressly prohibited by law.
- The high court can be overturned by the same court as well as through the legislation.
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Civil Law System
There are many countries in the world that are still following the civil law system. This includes former German, Spanish, French, Dutch, or Portuguese colonies or protectorates. Even there are central and South America, East Asian, Central and Eastern European, etc. are the countries that are still following the civil law system. It is also addressed as the codified system of law that has a solid origin from the Roman Laws. The civil law system has also some different characteristics:
- It has a properly written constitution that has some specific codes for addressing the basic rights and duties of the civilians.
- The legislative endorsements are binding.
- The legal scholars of the country have a significant role in the courts.
- This system has less freedom of contract as there are different implicated into the contract.
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