Civil law is a legal system that deals with the relationships between people, things, and the development of those relationships. It is a system that is rooted in the Roman Empire and has been codified and disseminated comprehensively since the 19th century. Unlike common law systems, which rely heavily on judicial precedent, civil law systems are based on legal codes that serve as the primary source of law. Today, civil law is the most widely practiced legal system in the world, with approximately 150 countries utilizing it. In general, civil law cases are inquisitorial rather than contradictory.
This means that judges play a significant role in overseeing and shaping every aspect of the proceedings. Civil law is a rules-based system, meaning that judges do not refer to previous judgments to guide their decisions. It is also important to note that civil law covers private rights rather than crimes. For example, if your neighbor decides to sue you because your dog barks constantly, it would be a matter of civil law. Civil law encompasses a wide range of disputes, including housing cases such as eviction or foreclosure, family cases such as divorce or custody, consumer problems like debt or bankruptcy, and lawsuits for money due to property or personal damage.
All of these cases are heard in civil courts. The origins of civil law can be traced back to continental Europe and are based on a mixture of Roman, Germanic, ecclesiastical, feudal, commercial, and customary law. This legal system has been adopted in many parts of Latin America, Asia, and Africa and must be distinguished from the customary law used in Anglo-American countries. Even in areas where Spanish civil law has been preserved, such as Texas and California, it has been heavily influenced by Roman law over time. In a civil law jurisdiction, administrative courts will enforce a contract unless it specifically states that the parties have agreed to arbitration. However, the German Civil Code (Bürgerliches Gesetzbuch für das Deutsche Reich) was not completed until 1896 and did not take effect until January.
In current practice, there are more and more precedents in civil law case law, and they are usually seen in the highest courts in many countries. Countries that use customary law rely on non-professional juries to determine guilt or innocence. Swiss legislation, which was codified between 1907 and 1912, became the model for the Turkish codification of 1926 and strongly influenced the codification of China, which is still in force in Taiwan. There are two main types of legal systems in the world: customary law and civil law. Most countries adopt characteristics of one or the other in their own legal systems.
The political ideals of that time were expressed in the concepts of democracy, protection of property, and the rule of law. In the Holy Roman Empire of the German nation, the reception of Roman law was facilitated because its emperors appreciated the idea of being direct successors to the Roman Caesars. Roman law, enshrined in the Code of Justinian (Corpus Juris Civilis) by Emperor Justinian I between 527 and 565, could be considered still in force simply because it was imperial law. In civil, criminal, and commercial courts, there is little room for the adoption of laws issued by judges. However, in practice, judges tend to follow previous judicial decisions.
Constitutional and administrative courts can overturn laws and regulations, and their decisions are binding on everyone. The civil law systems of Nordic countries have deviated considerably from their classical Roman and German models over time. This means that terms like Concessions and Affermage may have a defined technical meaning and structure that may not be understood or applied in a common law country. It is essential to create comprehensive legal documents to protect your rights in areas such as housing, family law, debt collection, and many other types of issues. Fortunately, there are resources available to help you do this for free.
