Traditional Culture Encyclopedia - Traditional festivals - What's the difference between continental law system and common law system?
What's the difference between continental law system and common law system?
The source of formal law in continental law system is only written law; Both written law and case law of common law system are the sources of formal law. ?
2, the code compilation is different:
Civil law system generally adopts the form of code; Common law system is usually a separate law and regulation. ?
3, in the technical aspects of applicable law:
In the civil law system, when trying a case, the judge first considers how the statute law stipulates, and then makes a judgment according to the relevant provisions and the case; Judges in the common law system first consider similar cases before, compare the facts of this case with previous cases, and summarize the legal rules that can be applied to this case.
4. Different definitions:
The common law system is also called "common law system", "English law system" and "case law system". The general name of laws developed on the basis of English common law; Continental law system refers to the laws of continental European countries, which originated from Roman law and is represented by French Civil Code 1804, so continental law system is also called Roman law system or civil law system.
Baidu Encyclopedia-Continental Law System
Baidu Encyclopedia-Anglo-American Legal System
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