3. General characteristics of civil law legal system
.1 Law system and its structure
system of right for the continental countries of Europe has the structure which is folded, as well as in the Roman law, from two subsystems -- public and private. Imperative (categorical) norms which can not change participants of legal relationships prevail in the subsystem of public law. Non-mandatory norms prevail in the subsystem of private right, and only in that part in which they are not changed the participants of relations. Industries of subsystem of public law: constitutional, criminal, administrative, financial, international public, judicial industries, basic institutes of labour right but and others.of subsystem of private right: civil, domestic, point-of-sale, international private, separate institutes of labour right (on the whole the mixed character has a labour right) and others.
All norms of right have clear connection with concrete industries and institutes of right, which are the result of influence of legal doctrine which accents attention on the necessity of account of object and method of the legal adjusting. The fields of law are acknowledged the most considerable structural element of the system of right.most countries of continental Europe classification of the fields of law is similar with German (Switzerland, Spain, Austria). In some countries (Italy, Belgium, Netherlands) the French chart of classification predominates yet. The result of this is that Netherlands, for example, name «legal daughter of France»different fields of law in different countries have a different degree of developed and codification. Considerable part of private right is codificated, what can not be said about a public law. Especially it touches an administrative law. It it was developed in France, whereupon entered other European countries. True, an administrative law on the whole is not codificated even in France. Only part of relations which are regulated an administrative law entered in the created collections of legislative and normative acts.some countries (To the German federal REPUBLIC, Austria, Belgium, Italy, Switzerland) the creators of administrative law were administrative courts which decided conflicts of administrative law questions, that, naturally, influenced on originality of forming of this field of law in the noted countries.character of legal thought of lawyers of continental Europe (unlike concrete, «precedent» thought of common law) allowed to work and systematize the institutes of right.
.2 Distinctive features of the system
features of the Civil Law system:
·The uniform hierarchically constructed system of sources of the written right, dominating place in which occupy statutory acts (legislation);
·The leading role in right formation is taken away to the legislator who creates the general legal rules of behavior;
·Law applier (the judge, administrative bodies, etc.) urged to realize only precisely these general norms in concrete law applying certificates;
·There are written constitutions possessing the higher validity;
·High level of standard generalizations is reached with the help codificated statutory acts;
·Powerful position occupy underlaw statutory acts (regulations, instructions, circulars, etc.);
·Division of system of the right on public and private, and also on branch;
·The legal custom and legal precedent represents itself as auxiliary, additional sources;
·On the first place there are not duties, but human rights and the citizen;
·The legal doctrine has special value. It is developed and developing at universities main principles (theory) of construction of the given legal family .
.3 Subgroups in the civil law system
term "civil law" as applied to a legal tradition actually originates in English-speaking countries, where it was used to lump all non-English legal traditions together and contrast them to the English common law. However, since continental European traditions are by no means uniform, scholars of comparative law and economists promoting the legal origins theory usually subdivide civil law into four distinct groups:: France, Belgium, Luxembourg, Quebec (Canada), Louisiana (U.S.), Italy, Scotland, Spain, and their former colonies;: Germany, Austria, Switzerland, Greece, Brazil, Portugal, Turkey, Japan, South Korea, and Taiwan (Republic of China);
Skandinavian : Denmark, Finland, Iceland, Norway, and Sweden.(except Hong Kong) is a mixture of civil law and socialist law. Hong Kong, although part of China, uses common law. The Basic Law of Hong Kong ensures the use and status of common law in Hong Kong., Brazil and Italy have evolved from French to German influence, as their 19th century civil codes were close to the Napoleonic Code and their 20th century civil codes are much closer to the German Bürgerliches Gesetzbuch. More recently, Brazil's 2002 Civil Code took inspiration from the Italian civil code, aiming at the unification of private law; legal culture and law schools have also come near to the German system. The other l