South Africa, Namibia, Botswana and Zimbabwe are bijural and combine the two legal systems. Civil law countries include all of South America (except Guyana), almost all of Europe (including Germany, France and Spain), China and Japan. Courts specific to the underlying codes – therefore, there are usually separate systems of constitutional courts, administrative tribunals and civil courts that deal with and interpret the consistency of legislation and administrative acts with that specific code; Countries that follow a civil justice system are usually those that were former French, Dutch, German, Spanish or Portuguese colonies or protectorates, including much of Central and South America. Most countries in Central and Eastern Europe and East Asia also follow a civil law structure. European rulers, on the other hand, ruled according to Roman law and a set of rules issued by Emperor Justinian in the 6th century and rediscovered in 11th century Italy. With the Enlightenment of the 18th century, rulers of various continental countries resorted to comprehensive legal systems. Some authors consider civil law as the basis of socialist law used in communist countries, which, according to this view, would essentially be civil law with the addition of Marxist-Leninist ideals. Even if this were the case, civil law was generally the legal system that existed before the advent of socialist law, and some Eastern European countries reverted to pre-socialist civil law after the fall of socialism, while others continued to use a socialist legal system. Civil law in other European countries, on the other hand, generally dates back to the code of law compiled by the Roman Emperor Justinian around 600 AD. Authoritative legal systems rooted in these (or other) laws then developed over many centuries in different countries, resulting in similar legal systems, each with its own laws. There is usually a written constitution based on certain codes (e.g. Civil Code, Company Law, Administrative Law, Tax Law and Constitutional Law) that enshrine fundamental rights and obligations. However, administrative law tends to be less codified and administrative judges tend to behave more like common law judges.

A civil law system is generally more prescriptive than a common law. However, a government has yet to determine whether specific legislation is needed to limit the scope of a particular restriction in order to enable the success of an infrastructure project, or whether specific legislation is needed for a sector. For more information, see Legislation and Regulation and Organizing Government to Think PPP. However, codification is by no means a defining feature of a civil law system. For example, the laws governing the civil law systems of Sweden and other Nordic countries, as well as the Romano-Dutch lands, are not summarized in broader and more extensive codes such as those contained in French and German law. [19] The United States, Canada, England, India and Australia are generally considered common law countries. As they were all subjects or colonies of Great Britain, they often maintained the tradition of the common law. The state of Louisiana in the United States uses bijural civil law because it was once a colony of the France. Civil law is a legal system that originated in continental Europe and is adopted in much of the world. The civil law system is intellectualized within the framework of Roman law and with fundamental principles codified in a referential system that serves as the main source of law. The civil law system is often opposed to the common law system that originated in medieval England, whose intellectual framework historically derived from uncodified judicial jurisprudence and set a precedent for earlier judicial decisions. [1] In civil law, incorporation is generally based on one or more codes applicable to specific areas such as taxation, company law or administrative law.

Germanist to Napoleonic influence: The Swiss Civil Code is considered to be mainly influenced by the German Civil Code and partially influenced by the French Civil Code. The Civil Code of the Republic of Turkey is a slightly amended version of the Swiss Law Code adopted in 1926 under the presidency of Mustafa Kemal Atatürk as part of the progressive reforms and secularization of the government. In its narrow technical sense, the term civil law describes the law that designates persons, things and relationships that develop between them, to the exclusion not only of criminal law, but also of commercial law, labor law, etc. Codification took place in most civil law countries, with the French Civil Code and the German Civil Code being the most influential civil codes. The table below lists the significant differences (and in some cases similarities) between the world`s four major legal systems. [8] 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 in relation to each individual civil law system. [2] [3] [4] Civil law is sometimes referred to as Neo-Roman, Romano-Germanic or continental law. The term „civil law” is a translation of the Latin ius civile or „citizenship”, which was the late imperial term for its legal system, as opposed to laws for conquered peoples (jus gentium); hence the title of Corpus Juris Civilis of the Justinian Code. Civil lawyers, however, traditionally refer to their system as ius commune in the broadest sense. The civil law system is the most widespread legal system in the world and applies in various forms in about 150 countries. [6] It relies heavily on Roman law, arguably the most complicated legal system known before modern times. However, some of these legal systems are often and more correctly qualified as hybrid in nature: historically, civil law is the set of ideas and legal systems ultimately derived from the Corpus Juris Civilis, but strongly superimposed by Napoleonic, Germanic, canonical, feudal and local practices[2], as well as by doctrinal currents such as natural law.

Codification and legal positivism. In addition, some countries have customary law in which patterns of conduct or customs have been accepted as legal requirements or codes of conduct. Other countries have religious legal systems where religious texts or traditions define the laws of that country. Religious legal systems are widespread in Islamic countries. Some countries have mixed legal systems that include common law and another type of legal system. Despite the usefulness of the different classifications, each legal system has its own identity. Below are groups of jurisdictions categorized by geographic location. Common law, also known as jurisprudence, is the law derived from court decisions rather than statutes.

The common law influences decision-making in cases where the outcome cannot be determined on the basis of written statutes. A common law court relies on previous decisions to apply the principles of those cases to this case. The common law in American courts is built from the courts of English kings. The British Empire extended its legal system, including common law, to its colonies, many of which still retain it today. This section examines the main features of each system and highlights areas of particular importance for PPP projects: However, in civil law countries, the judge is usually the lead investigator and the lawyer`s role is to advise a client in court proceedings, write briefs and provide evidence favorable to the investigating judge. In the end, the codification of continental European private law progressed despite any resistance to codification. The codifications were completed by Denmark (1687), Sweden (1734), Prussia (1794), France (1804) and Austria (1811). French codes were imported into the territories conquered by Napoleon and later adopted with modifications in Poland (Duchy of Warsaw/Congress Poland; Kodeks cywilny 1806/1825), Louisiana (1807), Canton of Vaud (Switzerland; 1819), Netherlands (1838), Serbia (1844), Italy and Romania (1865), Portugal (1867) and Spain (1888). Germany (1900) and Switzerland (1912) adopted their own codifications.

These codifications, in turn, were eventually imported to the colonies by most of these countries. The Swiss version was adopted in Brazil (1916) and Turkey (1926). Summary of the differences between the civil and common law legal systems Unlike the common law, civil law is a codified set of statutes and statutes created by Parliament. In civil law, judicial authorities use the Civil Code to evaluate cases and make decisions. Civilian systems also clearly define the cases that can be brought before the courts, the procedures for handling claims, and the penalties for a crime. Both civil law and common law aim to achieve consistent results by applying the same standards of interpretation.