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Civil Law Vs Common Law

716 Words3 Pages

SYSTEM.

The aim of this project was not to judge which legal system is better: civil law or common law. Each legal system may have some advantages and deficiencies which will discuss. If a foreign legal system has some advantages, why not merge them in the national legal system? In that way the resulting combining of the two legal systems can only improve their common goal of designing a fair and just legal system which can provide legal certainty and protection to all citizens and legal persons.

The civil law and common law systems are the results of two different methods to the legal process, even that their aim is the equivalent function. There are many circumstances where the identical legal term have distinct meanings, or where different …show more content…

In the civil law there’s a division of powers, where the legislator, legislates and the courts (judges) apply the law. The civil law lawyers start from legal codes contained in the legislation, and by the process of supposition, they make decisions concerning the actual case, where it is more inflexible because in the non-existence of a specific code for particular situation, the judges cannot produce new rules and consequently this can precede to injustice. Alternatively, in common law the main duty of the courts is to create the law, judges have somewhat greater flexibility to create an appropriate remedy (legal principle to cover wide range of areas, even those not specifically provided in written law) at the conclusion of the case. The lawyers in common law, compare the actual case with similar legal disputes that have been dealt in previously decided circumstances, and from this precedents they need to follow the doctrine of stare decisis. Common law can respond to cases, situations and facts that were not foreseen by legislators. Common law can examine and develop responses to real life situations. (Kenneally, A. and Tully, J.(2013) The Irish Legal system). Another main distinction between the two systems is the compulsory force of precedents. While in the courts of civil law, their main job is to decide on particular cases by using and decoding legal norms, in the common law their job is not only to decide disagreements between parties but additionally to provide assistance as to how alike cases should be resolved in the

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