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- •Overview
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Civil law (or civilian law) is a legal system inspired by Roman law and whose primary feature is that laws are written into a collection, codified, and not (as in common law) co-created by judges.
Conceptually, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, ecclesiastical, feudal, and local practices,] as well as doctrinal strains such as natural law, codification, and legislative positivism.
Materially, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds legislation as the primary source of law, and the court system is usually inquisitorial, unbound by precedent, and composed of specially trained judicial officers with a limited authority to interpret law. Juries separate from the judges are not used, although in some cases, volunteer lay judges participate along with legally trained career judges.
Overview
The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most widespread system of law in the world, in force in various forms in about 150 countries,and draws heavily from arguably the most intricate legal system we know of from before the modern era. Colonial expansion spread the civil law which has been received in much of Latin America and parts of Asia and Africa.
Where codes exist, the primary source of law is the law code, which is a systematic collection of interrelated articles, arranged by subject matter in some pre-specified order,and that explain the principles of law, rights and entitlements, and how basic legal mechanisms work. Law codes are usually created by a legislature's enactment of a new statute that embodies all the old statutes relating to the subject and including changes necessitated by court decisions. In some cases, the change results in a new statutory concept. Other major legal systems in the world include common law, Halakha, canon law, and Islamic law.
Civilian countries can be divided into:
those where civil law in some form is still living law but there has been no attempt to create a civil code: Andorra, Malta, and San Marino
those with uncodified mixed systems in which civil law is an academic source of authority but common law is also influential: Scotland and Roman-Dutch law countries (South Africa, Zambia, Zimbabwe, Sri Lanka and Guyana)
those with codified mixed systems in which civil law is the background law but has had its public law heavily influenced by common law: Louisiana, Quebec, Puerto Rico, Philippines
those with comprehensive codes that exceed a single civil code, such as France, Germany, Greece, Japan, Mexico: it is this last category that is normally regarded as typical of civil law systems, and is discussed in the rest of this article.
The Scandinavian systems are of a hybrid character since their background law is a mix of civil law and Scandinavian customary law and have been partially codified. Likewise, the laws of the Channel Islands (Jersey, Guernsey, Alderney, Sark) are hybrids which mix Norman customary law and French civil law.
A prominent example of a civil-law code would be the Napoleonic Code (1804), named after French emperor Napoleon Bonaparte. The Code comprises three components: the law of persons, property law, and commercial law. Rather than a compendium of statutes or catalog of caselaw, the Code sets out general principles as rules of law.[6]
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression civil law is a translation of Latin jus civile, or “citizens’ law”, which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium).