A simple definition of legal systems could be «the laws that govern a particular country and the standard by which they are used». However, a broader description is needed to understand the true complexity and value of legal systems. In common law countries such as England and the United States, when a company is in financial difficulty, the focus is on restructuring rather than liquidation to continue the business as a business (e.g., U.S., Chapter 11, Administration of the United Kingdom). In civil jurisdictions, the process focuses on liquidation (although reform of some bankruptcy laws, such as France and OHADA countries, now allows debtors to be reorganized before they become insolvent). mixed legal system based on English common law and Islamic law; Note – In April 2019, the comprehensive Sharia Penal Code entered into force and applies to Muslims and non-Muslims, alongside current common law codes. Mixed legal system of civil law based on the French Civil Code, the Ottoman legal tradition and religious laws on civil status, marriage, divorce and other family relations of the Jewish, Islamic and Christian communities. The idea of creating a country with a single writing The equipment of the constitution is relatively modern, but now widespread. In many countries, the constitution follows a decisive event in national history, such as war, revolution or independence. The methods by which a constitution can be changed have both legal and political significance. They may divide the power of amendment between the people, the legislature and the executive, or between a federation and its constituent parts.

They can express core values by declaring certain immutable characteristics. Some constitutions stipulate that certain issues can only be changed by referendum or by an entirely new constitution. In federal systems, changes typically require special majorities in the federal legislature, followed by ratification by a special majority of the states. In these systems, judges are heavily involved in investigations and facts, and the adversarial litigation system and precedents – two important elements of other legal systems – are of limited importance. While common histories and cultural similarities have left many countries with very similar legal systems, there are hundreds of unique legal systems used around the world. Islamic legal system (Sharia) with elements of Egyptian, French and customary law; Note – Several secular codes have been introduced; Commercial disputes handled by special committees The source of the recognized authoritative right is codification in a constitution or a law adopted by the legislature to amend a law. While the concept of codification dates back to the Code of Hammurabi in Babylon around 1790 BC. Civil law systems originated in the Roman Empire and in particular the Corpus Juris Civilis, published by Emperor Justinian around 529 AD. It was a comprehensive reform of law in the Byzantine Empire, which brought it together in codified documents. Civil law has also been partially influenced by religious laws such as canon law and Islamic law. [5] [6] Today`s civil law is theoretically interpreted rather than developed or made by judges. Only legislative regulations (not precedents as in common law) are considered legally binding.

The legal system is under the authority of the Governor-General of Australia and Australian civil law, which is influenced by the Soviet and continental European civil law systems. Parliament retains the power to interpret statutes; Note – The 28. In May 2020, the National People`s Congress adopted the Civil Code of the People`s Republic of China, which codifies personal and property relations. In almost all cases, the legal systems of each country have five main characteristics that justify and limit its powers: The contracting authority may, as in France, have the right to unilaterally modify certain aspects of the contract if it considers that: that the change is in the public interest. The contracting authority shall not have the right to modify the financial provisions of the contract or its fundamental nature, but may modify aspects such as the specification of the service to be provided. For this reason, justice plays a much more important role in common law systems than in civil law systems, as its judgments set precedents. For this reason, common law systems rely more on court procedures and case law. Since no culture is set in stone, a country`s legal system is unable to adapt to changing political or cultural circumstances or trends that affect the existing legal system and require change. Unique geographical, historical, and political events can also have a major impact on a country`s legal system. Since the dawn of civilization, legal systems have been essential in setting the rules of government, resolving disputes, limiting social instability, and maintaining ethical standards of fairness and justice. In many places, legal systems evolve at two different speeds – the first in response to gradual changes in national society and attitudes, and the second at a rapid pace when a significant national or political event, such as a political revolution or conflict, occurs.

As technology allows the world to become increasingly global, an interesting question arises as to the type of dispute resolution in the future. Are disputes resolved in a civil law or common law system? The European Union and the United Nations are currently working to develop an international legal system that bridges the gap between nations in the settlement of international disputes. Most systems accept that criminal responsibility is not attributable to specific groups of people: very young children or people with serious mental illness. The systems also recognize a number of mitigating circumstances such as self-defence or provocation. Despite the clarity and consistency of civil law, not all countries apply it. Let`s look at countries that use a different type of legal system – the common law. A number of other countries have a dual system. In such a system, religious rules govern and religious courts rule on matters such as marriage, divorce and family relations.

However, a secular system with state courts covers the broader areas of public and commercial law. This was the situation in England until the 1850s and it is now the case in Israel, India and Pakistan. In these dual jurisdictions, the proportion of human activity regulated by either system may depend on the level of economic and political development of the country concerned. These laws tend to be eternal and immutable, making them largely resistant to social change and other factors that can lead to the development of laws in countries that use a civil law or common law system. The civil law (also known as Roman) and common law systems can be considered the most widespread in the world: civil law, because it is most widely used by the land mass and the general population, and common law, because it is used by the largest number of people compared to any civil law system. [2] [3] [4] Whatever their origin, most legal systems agree on certain basic premises. First, no one can be guilty of a crime if the offence has not been previously defined as such and if the sentence has not been pronounced through a legal procedure. This implies the need to clarify criminal law, prohibit its retroactive effect and certain notions of «fair trial» and the availability of a lawyer. Second, no one can be prosecuted twice for the same thing. Third, it is a crime to attempt a crime or conspire with others to commit one. Fourth, an alleged criminal must have a certain mindset to be convicted of the crime. Established traditions, customs and behaviour practised by the courts to create a uniform legal environment.

German civil law, based on the Roman system newly codified in 1811 and 1900, was called Allegemanes Burgerliches Gesetzbuch. The German system has become the model for the laws of many other European countries, including Switzerland, Austria, Hungary, Portugal and Greece. First, constitutions seek to regulate the division of powers, functions and duties among various agencies and government officials, and to define the relationship between them and the public. Second, no constitution, no matter how good, can protect a political system from effective usurpation. Third, those in power in many countries are more or less completely ignorant of the constitution. Fourth, even when constitutions do, none is complete: each operates within a matrix of compromises, customary laws or jurisprudence. Fifth, most begin by identifying (at least on paper) the constituent authority (as «the people») and often invoke the deity (i.e., Canada, Germany, Greece, Ireland, Pakistan, Switzerland). Sixth, as a rule, they separate the legislative, executive and judicial organs of the State. Seventh, they usually contain or incorporate a bill of rights.

Eighth, they often provide a method of repealing laws and other unconstitutional instruments, including the Bill of Rights.