Everything about Legal Systems Of The World totally explained
The three major
legal systems of the world today consist of
civil law,
common law and
religious law. However, each country (see
State law) often develops variations on each system or incorporates many other features into the system.
Civil law
Civil law is the most widespread system of
law in the world.
It is also known as
European Continental law. The central source of law that's recognised as authoritative are
codifications in a
constitution or
statute passed by
legislature, to amend a code. Civil law systems mainly derive from the
Roman Empire, and more particularly, the
Corpus Juris Civilis issued by the Emperor
Justinian ca. 529AD. This was an extensive reform of the law in the
Eastern Empire, bringing it together into codified documents. Civil law was also partly influenced by
religious laws such as
Canon law and
Islamic law.
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Armenia
|Civil Code of the Republic of Armenia
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Aruba
|Based on
Dutch civil law
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Austria
|The
Allgemeines bürgerliches Gesetzbuch (ABGB) of 1811
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Azerbaijan
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Belarus
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Belgium
|Influenced by the
Napoleonic Code
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Benin
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Bolivia
|Influenced by the
Napoleonic Code
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Bosnia and Herzegovina
|Civil Law system influenced mostly by Germanic and Austro-Hungarian law systems
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Brazil
|Derived from the
Portuguese civil law
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Bulgaria
|Civil Law system influenced by Germanic and Roman law systems
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Burkina Faso
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Burundi
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Chad
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People's Republic of China
|based on civil law system; derived from Soviet and continental civil code legal principles.
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Republic of the Congo
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Democratic Republic of the Congo
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Cote d'Ivoire
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Cambodia
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Cape Verde
|Based on
Portuguese civil law
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Central African Republic
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Chile
|The Spanish legal tradition exercised an especially great influence on the
civil code of
Chile. On its turn, the Chilean civil code influenced to a large degree the drafting of the civil codes of other
Latin-American states. For instance, the codes of
Ecuador (1861) and
Colombia (1873) constituted faithful reproductions of the Chilean code, but for very few exceptions. The compiler of the Civil Code of Chile,
Andrés Bello, worked for its completion for almost 30 years, using elements, of the Spanish law on the one hand, and of other Western laws, especially of the French one, on the other. Indeed, it's noted that he consulted and used all of the codes that had been issued till then, starting from the era of
Justinian.
The Civil Code came into effect on
January 1,
1857. Its technique is regarded as perfect; it's distinguished for the clarity, logic and cohesiveness of its provisions. As mentioned by Arminjon, Nolde, and Wolff ('Traite de droit comparé', Paris, 1950-1952)
Andrés Bello may be regarded as one of the great legislators of mankind. The influence of the
Napoleonic code is great; it's observed however that
for example in many provisions of
property law, the solutions of the French
code civil were put aside in favor of pure
Roman law.
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Colombia
|Civil code introduced in 1873. Nearly faithful reproduction of the
Chilean civil code
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Costa Rica
|First Civil Code (a part of the General Code or
Carrillo Code) came into effect in 1841; its text was inspired by the South Peruvian Civil Code of Marshal
Andres de Santa Cruz. The present Civil Code is into effect since
January 1,
1888, and reveals the influenced by the
Napoleonic Code and the Spanish Civil Code of 1889 (from its 1851 draft version).
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Croatia
|Kazneni zakon RH- Great influence of Austro- Hungarian law system
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Cuba
|Influenced by Spanish and American law with large elements of
Communist legal theory.
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Czech Republic
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Denmark
|Scandinavian-German civil law
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Dominican Republic
|Based by the
Napoleonic Code
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Ecuador
|Civil code introduced in 1861. Nearly faithful reproduction of the
Chilean civil code
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El Salvador
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Estonia
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Finland
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France
|Based on the
Napoleonic code (
code civil of 1804)
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Equatorial Guinea
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Ethiopia
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Gabon
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Guinea
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Guinea-Bissau
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Georgia
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Germany
|The
Bürgerliches Gesetzbuch of 1900 ("BGB"). The BGB is influenced both by Roman and German law traditions.
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Greece
|The Greek
civil code of 1946, highly influenced by the German civil code of 1900 (
Bürgerliches Gesetzbuch); the Greek civil code replaced the
Byzantine-Roman civil law in effect in Greece since its independence (Νομική Διάταξη της Ανατολικής Χέρσου Ελλάδος, Legal Provision of Eastern Mainland Greece, November 1821: 'Οι Κοινωνικοί Νόμοι των Αειμνήστων Χριστιανών Αυτοκρατόρων της Ελλάδος μόνοι ισχύουσι κατά το παρόν εις την Ανατολικήν Χέρσον Ελλάδα', 'The Social [for exampleCivil] Laws of the Dear Departed Christian Emperors of Greece [referringto the Byzantine Emperors] alone are in effect at present in Eastern Mainland Greece')
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Guatemala
|Guatemala has had three Civil Codes: the first one from 1877, a new one introduced in 1933, and the one currently in force, which was passed in 1963. This Civil Code has suffered some reforms throughout the years, as well as a few derogations relating to areas which have subsequently been regulated by newer laws, such as the Code of Commerce and the Law of the National Registry of Persons. In general, it follows the tradition of the roman-French system of civil codification.
Regarding the theory of 'sources of law' in the Guatemalan legal system, the 'Ley del Organismo Judicial' recognizes 'the law' as the main legal source (in the sense of legislative texts), although it also establishes 'jurisprudence' as a complementary source. Although jurisprudence technically refers to judicial decisions in general, in practice it tends to be confused and identified with the concept of 'legal doctrine', which is a qualified series of identical resolutions in similar cases pronounced by higher courts (the Constitutional Court acting as a 'Tribunal de
Amparo', and the Supreme Court acting as a 'Tribunal de Casación') whose theses become binding for lower courts.
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Haiti
|Influenced by the
Napoleonic Code
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Honduras
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Hungary
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Iceland
|Based on Germanic traditional laws and influenced by Medieval Norwegian and Danish laws.
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Italy
|Based on codified
Roman law, with elements of the
Napoleonic civil code; civil code of 1942 replaced the original one of 1865
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Japan
|Modeled after European (primarily German) civil law system. Japanese civil code of 1895.
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Latvia
|Largely influenced by Germany, medium influences from Russian and Soviet law.
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Lebanon
|Modeled after French civil law
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Lithuania
|Modeled after Dutch civil law
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Luxembourg
|Influenced by the
Napoleonic Code
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Macau (
China)
|Based on the Portuguese strand of the continental tradition, itself much influenced by Germany; also influenced by the law of the PRC
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Mexico
|"The origins of Mexico's legal system are both ancient and classical, based on the Greek, Roman and French legal systems, and the Mexican system shares more in common with other legal systems throughout the world (especially those in Latin America and most of continental Europe)..." From: http://www.mexonline.com/lawreview.htm Jaime B. Berger Stender Attorney at Law author, Tijuana, B.C., Mexico
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Mongolia
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Netherlands
|Influenced by the
Napoleonic Code
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Norway
|Scandinavian-German civil law. King
Magnus VI the Lawmender unified the regional laws into a single code of law for the whole kingdom in 1274. This was replaced by
Christian V's
Norwegian Code of 1687.
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Panama
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Paraguay
|The Paraguayan Civil Code in force since 1987 is largely influenced by the Napoleonic Code and the Argentinian Code
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Peru
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Poland
|The Polish Civil Code in force since 1965
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Portugal
|Influenced by the
Napoleonic Code and later by the German Civil Law
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Republic of China (Taiwan)
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Romania
|Based on the
Napoleonic Code
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Russia
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Slovakia
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Slovenia
|A Civil Law system influenced mostly by Germanic and Austro-Hungarian law systems
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Spain
|Influenced by the
Napoleonic Code
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Sweden
|Scandinavian-German civil law. Like all Scandinavian legal systems, it's distinguished by its traditional character and for the fact that it didn't adopt elements of Roman law. It is indeed worth mentioning that it assimilated very few elements of foreign laws whatsoever. It is also interesting that the Napoleonic Code had no influence in codification of law in Scandinavia. The historical basis of the law of Sweden, just as for all Nordic countries, is the Old German law. Codification of the law started in Sweden during the 18th century, preceding the codifications of most other European countries. However, neither Sweden, nor any other Nordic state created a civil code of the kind of the
Code Civil or the BGB.
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Switzerland
|The
Zivilgesetzbuch of 1908 and 1912 (obligations; fifth book)
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Turkey
|Modeled after the
Swiss civil law (
Zivilgesetzbuch) of 1907; this has been a conscious choice of
Kemal Atatürk, the founder of the modern
Turkish state, in order to abolish the
Islamic law (
Sharia), aiming at westernizing the country
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Slovakia
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Ukraine
| Civil Code of Ukraine of 2004
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Uruguay
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Vatican City
|based on principles of
Code of Canon Law
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Vietnam
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Communist legal theory and
French civil law
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Common law
Common law and
equity are systems of law whose sources are the decisions in cases by
judges. Alongside, every system will have a
legislature that passes new laws and statutes, however these don't amend a collected and codified body of law. Common law developed in
England, influenced by the
Norman conquest of England which introduced legal concepts from
Norman law and
Islamic law. Common law was later inherited by the
Commonwealth of Nations, and almost every former colony of the
British Empire (
Malta being an exception). The doctrine of
stare decisis or
precedent by courts is the major difference to codified civil law systems.
Common law is currently in practice in
Ireland, most of the
United Kingdom (
England and Wales and
Northern Ireland),
Australia,
India,
South Africa,
Canada (excluding Quebec), Hong Kong and the
United States (excluding Louisiana) and many more places. In addition to these countries, several others have adapted the common law system into a mixed system. For example,
Pakistan and
Nigeria operate largely on a common law system, but incorporate religious law.
In the
European Union the
Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of
case law. One of the most fundamental documents to shape common law is
Magna Carta which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.
Religious law
Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Jewish
Halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian
Canon law is more similar to
civil law in its use of
civil codes; and Islamic
Sharia law (and
Fiqh jurisprudence) is based on legal
precedent and reasoning by
analogy (
Qiyas), and is thus considered a precursor to
common law.
The main kinds of religious law are
Sharia in
Islam,
Halakha in
Judaism, and
Canon law in some
Christian groups. In some cases these are intended purely as individual
moral guidance, whereas in other cases they're intended and may be used as the basis for a country's legal system. The latter was particularly common during the
Middle Ages.
The
Islamic legal system of
Sharia (Islamic law) and
Fiqh (Islamic jurisprudence) is the most widely used
religious law, and one of the three most common legal systems in the world alongside
common law and
civil law. During the
Islamic Golden Age, classical Islamic law had a fairly significant influence on the development of common law, and also influenced the development of several civil law
institutions.
The Halakha is followed by
orthodox and
conservative Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings. Sharia Law governs a number of Islamic countries, including
Saudi Arabia and
Iran, though most countries use Sharia Law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts or public law.
Canon law also differs from other religious laws, properly speaking, because it isn't found in revelation. Instead, it's seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the
Roman Catholic Church, the
Eastern Orthodox Church and the
Anglican Communion. Canon law is amended and adapted by the legislative authority of the church, such as councils of bishops, single bishops for their respective sees, the Pope for the entire Catholic Church, and the British Parliament for the Church of England.
Afghanistan
Bahrain
Bangladesh
Iran
Jordan
Libya
Mauritania
Morocco
Oman
Pakistan
Saudi Arabia
Sudan
Syria
The Gambia
Western Sahara
Yemen
Pluralistic systems
Civil law and common law
| Country |
Description |
| Akrotiri |
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| Botswana |
South African law (a mixed system) transferred uno acto through a proclamation of reception |
| Cameroon |
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| Cyprus |
Based on English common law (Cyprus was a British colony 1878-1960), with admixtures of French and Greek civil and public law, Italian civil law, Indian contract law, Greek Orthodox canon law, Muslim religious law, and Ottoman civil law. |
| Guyana |
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| Israel |
Originally (1948) based on English common law; in the process, influenced by German civil law—for instance, between 1962 and 1981, the Knesset issued twenty (20) wide-ranging laws, which were clearly influenced by European continental law, and were in the form of codes. Religious law plays a role, especially in matters of personal status and family law, and judicial and legislative decisions take into account Jewish law (halakhah) on occasion. |
| Lesotho |
South African law (a mixed system) transferred uno acto through a proclamation of reception |
Louisiana
(U.S.) |
Based on the French Napoleonic Code; the modern legal system of the state of Louisiana has its origin in the Louisiana Purchase (for example the sale of Louisiana—not coterminous with the present eponymous state—by Napoleon to the United States of America in 1803), while federal laws (based on common law) are in effect in Louisiana as well. |
| Malta |
Initially based on Roman Law and eventually progressed to the Code de Rohan, Code Napoleon with influences from Italian Civil Law. English common law however is also a source of Maltese Law, most notably in Public Law |
| Mauritius |
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| Namibia |
South African law (a mixed system) transferred uno acto through a proclamation of reception |
| Philippines |
Based on Spanish law; influenced by U.S. common law after 1898 Spanish and Philippine-American Wars. |
Puerto Rico
(U.S.) |
Based on Spanish law; influenced by U.S. common law after 1898 (victory of the U.S. over Spain in the Spanish-American war of 1898 and cession of Puerto Rico to the U.S.) |
Quebec
(Canada) |
After the defeat of the French in the battle at the Plains of Abraham, the British allowed them to keep their language (French), their religion (Roman Catholicism), and their legal system (civil law). However, as Quebec is part of the Canadian Confederation, English-based laws applied at the federal level are in effect in Quebec also. |
| Saint Lucia |
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Scotland
(UK) |
based on Roman and continental law, with common law elements dating back to the High Middle Ages |
| Seychelles |
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| South Africa |
An amalgam of English common law and Roman-Dutch civil law as well as Customary Law. |
| Sri Lanka |
An amalgam of English common law, Roman-Dutch civil law and Customary Law |
| Swaziland |
South African law (a mixed system) transferred uno acto through a proclamation of reception |
| Thailand |
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| Vanuatu |
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| Zimbabwe |
South African law (a mixed system) transferred uno acto through a proclamation of reception |
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Civil law and religious law
Common law and religious law
Systems by geography
Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their geography. Click the "show" buttons on the right for the lists of countries.
Further Information
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