NCJ Number
161979
Date Published
1995
Length
75 pages
Annotation
This overview of the civil-law system is designed for judges and lawyers who wish to expand their knowledge of the civil-law tradition and who might consider the civil-law system as a source of legal reforms.
Abstract
Since each civil-law country has developed its own distinct legal system that draws on the history of the civil law, this paper does not attempt to discuss such variations in detail. The discussion does not aim, except in a general way, to deal with the substantive law of the civil-law systems, which can differ markedly between individual countries and also from that of common-law countries. Instead, the paper focuses on general features that distinguish the civil-law tradition from the common-law tradition. Particular attention is given to the civil- law systems of France and Germany, as well as two systems in Latin America, those of Chile and Brazil, because of their strong influence on many other systems. Since understanding modern civil law requires an understanding of the history of the civil law beginning with the Roman Empire, the first section of the paper discusses civil-law history in some depth. It focuses on Roman law, the adaptation of Roman law during the medieval period, the development of canon law and the law merchant, and the history of codification in Europe. The second section reviews the basic features of the modern-day civil-law tradition, including a summary of the structure of the courts and the adjudication process, as well as the roles of judges, lawyers, and scholars. The authors conclude with a discussion that contrasts the civil- law and common-law traditions. A 15-item bibliography and appended excerpts from the Institutes of Gaius, the French Code, and the German Code and a comparison of a similar issue of law treated by a French court and a German court