Continental legal system

M. N in his work defines the general sources of the right for the legal systems, which are entered into

Continental legal system

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rpus_Juris_Civilis> of Emperor Justinian <http://en.wikipedia.org/wiki/Justinian_I>, and subsequent expounding and developments in Medieval Roman Law <http://en.wikipedia.org/wiki/Medieval_Roman_Law>. Roman law was received differently in different countries. In some it went into force wholesale by legislative act, i.e., it became positive law <http://en.wikipedia.org/wiki/Positive_law>, whereas in others it was diffused into society by increasingly influential legal experts and scholars. Roman law was in place in the Byzantine Empire <http://en.wikipedia.org/wiki/Byzantine_Empire> until its final fall in the 15th century. However, subject as it was to multiple incursions and occupations in the latter Middle Ages, its laws became widely available in Western Europe. It was first received into the Holy Roman Empire <http://en.wikipedia.org/wiki/Holy_Roman_Empire> partly because it was considered imperial law, and it spread in Europe mainly because its students were the only trained lawyers. It became the basis of Scots law <http://en.wikipedia.org/wiki/Scots_law>, though partly rivaled by feudal Common law. In England, it was taught academically at Oxford and Cambridge, but underlay only probate and matrimonial law, inherited by canon law when secularized, and maritime law, adapted from the law merchant through the Bordeaux trade. Consequently, neither of the two waves of Romanism completely dominated in Europe. Roman law was a secondary source that was applied only when local customs and laws were found lacking on a certain subject. However, after a time, even local law came to be interpreted and evaluated primarily on the basis of Roman law (it being a common European legal tradition of sorts), thereby in turn influencing the main source of law. Eventually, the works of Civilian glossators and commentators led to the development of a common body of law and writing about law, a common legal language, and a common method of teaching and scholarship, all termed the jus commune, or law common to Europe, which consolidated canon law and Roman law, and to some extent, feudal law.

2.1 Codification

which have defined an important role of the law as the basic source romano-German, have caused also possibility, necessity of codification of the right. By codification the right is resulted in system, it appears as though penetrated by certain principles. Codification gives to the right definiteness and clearness, considerably facilitates its practical use and is logical end of the understanding which has developed in continental Europe of the rule of law and the right as a whole. Codification finishes formation of the romano-German legal system as complete phenomenon.

An important characteristic, beyond Roman law foundations, is the extended codification of the adopted Roman law, i.e. its inclusion into civil codes <http://en.wikipedia.org/wiki/Civil_code>. The system of codification <http://en.wikipedia.org/wiki/Codification_(law)> has its origins in the Code of Hammurabi <http://en.wikipedia.org/wiki/Code_of_Hammurabi>, written in ancient Babylon <http://en.wikipedia.org/wiki/Babylon> during the 18th century BC. concept of codification was further developed during the 17th and 18th centuries AD, as an expression of both Natural Law <http://en.wikipedia.org/wiki/Natural_Law> and the ideas of the Enlightenment <http://en.wikipedia.org/wiki/Age_of_Enlightenment>. The political ideal of that era was expressed by the concepts of democracy <http://en.wikipedia.org/wiki/Democracy>, protection of property <http://en.wikipedia.org/wiki/Property> and the rule of law <http://en.wikipedia.org/wiki/Rule_of_law>. That ideal required the creation of certainty of law, through the recording of law and through its uniformity. So, the aforementioned mix of Roman law and customary and local law ceased to exist, and the road opened for law codification, which could contribute to the aims of the above mentioned political ideal.reason that contributed to codification was that the notion of the nation state <http://en.wikipedia.org/wiki/Nation_state> required the recording of the law <http://en.wikipedia.org/wiki/Law> that would be applicable to that state., there was also reaction to the aim of law codification. The proponents of codification regarded it as conducive to certainty, unity and systematic recording of the law; whereas its opponents claimed that codification would result in the ossification <http://en.wiktionary.org/wiki/ossification> of the law.the end, despite whatever resistance to codification, the codification of European private laws moved forward. Codifications were completed by Denmark (1687), Sweden (1734), Prussia (1794), France <http://en.wikipedia.org/wiki/Napoleonic_Code> (1804), and Austria (1811). The French codes were imported into areas conquered by Emperor Napoleon <http://en.wikipedia.org/wiki/Napoleon> and later adopted with modifications in the Netherlands (1838), Italy and Romania (1865), Portugal (1867), Spain (1888), Germany <http://en.wikipedia.org/wiki/B%C3%BCrgerliches_Gesetzbuch> (1900), and Switzerland <http://en.wikipedia.org/wiki/Swiss_civil_code> (1912). These codifications were in turn imported into colonies at one time or another by most of these countries. The Swiss version was adopted in Brazil (1916) and Turkey (1926).Because Germany was a rising power in the late 19th century and its legal system was well organized, when many Asian nations were developing, the German Civil Code became the basis for the legal systems of Japan <http://en.wikipedia.org/wiki/Japan> and South Korea <http://en.wikipedia.org/wiki/South_Korea>. In China <http://en.wikipedia.org/wiki/China>, the German Civil Code was introduced in the later years of the Qing Dynasty <http://en.wikipedia.org/wiki/Qing_Dynasty> and formed the basis of the law of the Republic of China <http://en.wikipedia.org/wiki/Republic_of_China>, which remains in force in Taiwan <http://en.wikipedia.org/wiki/Taiwan>.Some authors consider civil law to have served as the foundation for socialist law <http://en.wikipedia.org/wiki/Socialist_law> used in Communist <http://en.wikipedia.org/wiki/Communism> countries, which in this view would basically be civil law with the addition of Marxist-Leninist ideas. Even if this is so, civil law was generally the legal system in place before the rise of socialist law, and some Eastern European countries reverted back to the pre-Socialist civil law following the fall of socialism while others continues the use of the system, established during Socialism.legal institutions <http://en.wikipedia.org/wiki/Institution> in civil law are similar to institutions in Islamic law <http://en.wikipedia.org/wiki/Sharia> and jurisprudence <http://en.wikipedia.org/wiki/Fiqh> during the Middle Ages <http://en.wikipedia.org/wiki/Middle_Ages>, and some have suggested a borrowing. For example, the Islamic Hawala <http://en.wikipedia.org/wiki/Hawala> institution is the basis of the Avallo in Italian <http://en.wikipedia.org/wiki/Italy> civil law and the Aval <http://en.wikipedia.org/wiki/Aval> in French civil law <http://en.wikipedia.org/wiki/French_civil_law>.

 

.2 Sourses of the right

M. N in his work defines the general sources of the right for the legal systems, which are entered into Romano-German a legal family:legal acts led by the law.Romano-German countries of a legal family, it is considered that for the lawyer the best way of an establishment of the fair decision corresponding to the right is the reference to the law.in judgements the importance of the law in the romano-German legal system becomes obvious that to the judge in decision-making the supporting role is taken away. Actions of the judge here is better are defined by the term "submission to the law, i.e. his tusk is reduced to search and application of that rule of law which in the best way describes a disputable situation. all countries of the romano-German legal family there are hand-written constitutions behind which norms the higher legal authority expressed and admits in establishment of judicial control over constitutionality .to V.Knappa, some countries have refused judicial control over constitutionality of laws, for example the Netherlands, France where it was promoted by the reasons historical matters.estimate the practical importance of judicial control over constitutionality of laws, it is necessary to consider various factors. So, scales of this control it is, less, if the constitution concerns the category nonrigid, rather easily changed. These scales will be less and in those countries where the right to suspend the constitution is given executive power. Told concerns many countries of Africa and America. the majority of the continental countries are accepted and operate civil (either civil or trading), criminal, grazhdansko-remedial, criminally-remedial and some other codes. concept of norms accepted in a legislative order recognizes that in this system of norms containing the norms not only in certificates, accepted by a legislature, but also in the certificates proceeding from executive - administrative and administrative bodies. various countries of the Romano-German right character and the name of certificates far aren't identical. For example into France except laws in system of is standard - legal certificates enter the certificates published according to item 37 of the Constitution of France, on questions, not entering into legislation sphere. Besides to a kind of sources of the right concern ordonances- certificates Constitutions of France accepted according to item 38 the government (Ministerial council), Constitutions of the states of the European Union. Ac

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