Civil law, also known as continental law, is one of the two primary legal systems in the world, with the other being common law. Civil law is characterised by the reliance on codified laws and statutes as the primary source of law. Unlike common law systems, which develop through judicial decisions and precedents, civil law systems are based on written laws and regulations established by legislators.
Codified legal system: The core feature of civil law systems is the existence of comprehensive written legal codes and statutes that cover various areas of law, including contracts, property, torts, family law, and more. These codes serve as the primary source of law and are often organised into systematic, detailed, and logically structured provisions.
Lack of precedent and stare decisis: In contrast to common law systems, where judicial decisions and precedents are binding and influential, civil law systems do not rely on precedent as a source of law. Courts in civil law jurisdictions are not bound by prior decisions and are not required to follow precedent. Instead, they interpret and apply statutory laws directly.
Inquisitorial approach: Civil law systems often adopt an inquisitorial approach to legal proceedings. In this approach, judges play an active role in investigating facts, evaluating evidence, and reaching a decision. Parties in a civil law case typically provide evidence to the court, and the judge takes the lead in questioning witnesses and assessing the evidence.
Legal specialists: Civil law jurisdictions place a strong emphasis on legal education and the training of legal professionals. Lawyers, judges, and legal scholars play crucial roles in interpreting and applying the law. Legal specialists are typically well-versed in the statutory codes and regulations.
Limited role of judicial precedent: While civil law systems do not rely on judicial precedent, some legal systems within civil law jurisdictions may consider prior court decisions as persuasive or informative but not binding. This means that previous cases can be referenced in legal arguments, but they do not establish legal principles.
Role of legal codes: Civil law codes serve as comprehensive legal references that cover various aspects of civil and criminal law. These codes often encompass areas such as contracts, property, torts, family law, and criminal offences. Legislators regularly update and amend these codes to adapt to changing societal needs and legal developments.
Global influence: Civil law systems have influenced legal systems in many countries, especially in continental Europe and Latin America. The influence of civil law principles extends to international law and organisations.
Legal clarity and certainty: Civil law systems are often associated with legal clarity and certainty due to the reliance on written laws. The detailed provisions in legal codes aim to provide clear guidelines for legal disputes.
In summary, civil law is a legal system characterised by its reliance on written legal codes and statutes as the primary source of law. It contrasts with common law systems, which rely on judicial decisions and precedents. Civil law systems are known for their detailed statutory codes, inquisitorial legal proceedings, and the limited role of judicial precedent. They are prevalent in many parts of the world and have contributed significantly to the development of legal principles and practices.
You can learn more about this topic with our Legal System and Method notes.
