The Civil Law-Romano German Tradition

1879 Words8 Pages
The Civil Law/Romano-German Tradition Civil law tradition was developed in Continental Europe in the Middle Ages. This tradition was applied throughout continental Europe and the colonies of European Powers such as Spain France and Portugal . The Civil law or the Romano German Tradition is codified . This means that there is a comprehensive and exhaustive list of codes ad regulations which prescribes all matters which can be brought before a court of law. Codes are categorized in three distinct divisions. There are substantive Codes which outline civil and criminal matters which can be tried. There are also Procedural codes which dictates the procedure for trying these offences and Penal Codes which outline the relevant punishments . The writings of Judicial Scholars bear significant relevance and influence in the legal fraternity in Civil Law jurisdictions . The freedom of Contract is more limited in these jurisdiction due to the extensive number of codes implying provisions into contractual relationships . Popular Civil Law jurisdictions include Spain, France, Germany Russia, Portugal and Japan. The Republic of Germany has been selected as the Civil Law jurisdiction to use as a tool of comparison for this paper.
The Common Law Tradition The common law legal tradition was developed in England in the Middle ages and was applied through the British Colonies by virtue of transplantation. The common law is uncodified. Therefore, there is no vast collection statues
Open Document