List of national legal systems
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The contemporarynational legal systemsare generally based on one of four basicsystems:civil law,common law,customary law,religious lawor combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations.[1]The science that studies law at the level of legal systems is calledcomparative law.
Bothcivil(also known asRoman) andcommonlaw systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system.[2][3][4]
Civil law
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The source of law that is recognized as authoritative iscodificationsin a constitution orstatutepassed bylegislature,to amend a code. While the concept of codification dates back to theCode of HammurabiinBabylonca. 1790 BC, civil law systems derive from theRoman Empireand, more particularly, theCorpus Juris Civilisissued by the EmperorJustinianca. AD 529. This was an extensive reform of the law in theByzantine Empire,bringing it together into codified documents. Civil law was also partly influenced byreligious lawssuch asCanon lawandIslamic law.[5][6]Civil law today, in theory, is interpreted rather than developed or made by judges. Onlylegislativeenactments (rather than legalprecedents,as in common law) are considered legally binding.
Scholars ofcomparative lawand economists promoting thelegal origins theoryusually subdivide civil law into distinct groups:
- French civil law:in France, theBeneluxcountries, Italy, Romania, Spain and former colonies of those countries, mainly in Latin America, Africa and the Middle East;
- German civil law:in Germany, Austria, Russia, Switzerland, Estonia, Latvia, Bosnia and Herzegovina, Croatia, Kosovo*, North Macedonia, Montenegro, Slovenia, Serbia, Greece,Portugalandits former colonies,Turkey, and East Asian countries including Japan, South Korea, and Taiwan (Republic of China);
- Scandinavian civil law:inNorthern Europesuch as Denmark, Norway, Finland, Iceland and Sweden. As historically integrated into the Scandinavian cultural sphere, Finland and Iceland also inherited the system, although especially Icelandhas its ownlegal roots. Scandinavian orNordiccivil law exhibit least similar treats with other civil law systems and is sometimes considered a legal system in its own right, despite reception from mainly German civil law.
However, some of these legal systems are often and more correctly said to be of hybrid nature:
- Napoleonic to Germanistic influence (Italian civil law)
TheItaliancivil code of 1942 replaced the original one of 1865, introducing germanistic elements due to the geopolitical alliances of the time.[7]The Italian approach has been imitated by other countries includingPortugal(1966), theNetherlands(1992),Lithuania(2000),Brazil(2002) andArgentina(2014). Most of them have innovations introduced by the Italian legislation, including the unification of thecivilandcommercial codes.[8]
- Germanistic to Napoleonic influence (Swiss civil law)
TheSwiss civil codeis considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of theRepublic of Turkeyis a slightly modified version of the Swiss code, adopted in 1926 duringMustafa Kemal Atatürk's presidency as part of the government's progressive reforms and secularization.
A comprehensive list of countries that base their legal system on acodifiedcivil law follows:
Country | Description |
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Based on Napoleonic civil law.[9] |
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Based onPortuguese civil law. |
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The Spanish legal tradition had a great influence on theCivil Code of Argentina,basically a work of the ArgentinejuristDalmacio Vélez Sársfield,who dedicated five years of his life to this task. The Civil Code came into effect on 1 January 1871. Beyond the influence of the Spanish legal tradition, the Argentine Civil Code was also inspired by the Draft of the Brazilian Civil Code, theDraftof the Spanish Civil Code of 1851, theNapoleonic codeand theChilean Civil Code.The sources of this Civil Code also include various theoretical legal works, mainly of the great French jurists of the 19th century. It was the first Civil Law that consciously adopted as its cornerstone the distinction between i. rights from obligations and ii. real property rights, thus distancing itself from the French model.
The Argentine Civil Code was also in effect in Paraguay, as per aParaguayanlaw of 1880, until the new Civil Code went into force in 1987. In Argentina, this 1871 Civil Code remained in force until August 2015, when it was replaced by the newCódigo Civil y Comercial de la Nación.[10][11] During the second half of the 20th century, theGermanlegal theory became increasingly influential in Argentina. |
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Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan law.[12] |
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Based on Napoleonic Civil law and traditional Armenian law. |
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Based on Dutch civil law |
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Based on Roman and Germanic Civil law. TheAllgemeines bürgerliches Gesetzbuch(ABGB) of 1811. The ABGB is influenced both by Roman and Austrian law traditions. Comparable to the Napoleonic code, it is based on the ideals of freedom and equality before the law. |
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Based on German, French, Russian, and traditional Azerbaijani Law |
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Based on Germanic Civil law (administrative,criminalcodes) |
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TheNapoleonic Codeis still in use, although it is heavily modified (especially concerning family law) |
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Based on Napoleonic Civil law. |
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Influenced by theNapoleonic Code |
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Influenced byAustrian law.The Swiss civil law (Zivilgesetzbuch) was a model for the Law on Obligations of 1978. |
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Based on German, Italian, French and Portuguese law. However, in 2004 theFederal Constitutionwas amended to grant theSupreme Federal Courtauthority to issue binding precedents (súmulas vinculantes) to settle controversies involving constitutional law – a mechanism that echoes thestare decisisprinciple typically found in common law systems. |
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Civil Law system influenced by Germanic and Roman law systems |
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Based on the French civil law |
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Based on the French civil law |
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Based on the French civil law |
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Based on Germanic Civil law and France Civil law, also with influences from theSoviet Socialist lawfromSoviet Union |
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Based on the Napoleonic Civil law. |
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Based on Belgian civil law |
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Based on Portuguese civil law |
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Based on the French civil law system |
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Based on the Chilean Civil Law inspired by the Napoleonic Civil Law. The Spanish legal tradition exercised an especially great influence on the civil code of Chile. On its turn, the Chilean civil code influenced to a large degree the drafting of the civil codes of otherLatin-Americanstates. For instance, the codes of Ecuador (1861) and Colombia (1873) constituted faithful reproductions of the Chilean code, but for very few exceptions. The compiler of theCivil Code of Chile,VenezuelanAndrés Bello,worked for its completion for almost 30 years, using elements, of the Spanish law on the one hand, and of otherWestern laws,especially of the French one, on the other. It is noted that he consulted and used all of the codes that had been issued till then, starting from the era ofJustinian.
The Civil Code came into effect on 1 January 1857. The influence of theNapoleonic codeand the Law of Castile of the Spanish colonial period (especially theSiete Partidas), is great; it is observed however thate.g.in many provisions ofpropertyorcontract law,the solutions of the Frenchcode civilwere put aside in favor of pureRoman lawor Castilian law. |
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Based on the Chilean Civil Law. Civil code introduced in 1873. Nearly faithful reproduction of theChilean civil code |
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Based on the Napoleonic Civil Law. First Civil Code (a part of the General Code orCarrilloCode) came into effect in 1841; its text was inspired by the South Peruvian Civil Code of MarshalAndres de Santa Cruz.The present Civil Code went into effect 1 January 1888 and was influenced by theNapoleonic Codeand the Spanish Civil Code of 1889 (from its 1851 draft version). |
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Based on the Germanic Civil Law. The Croatian Law system is largely influenced by German and Austrian law systems. It is significantly influenced by theCivil Code of the Austrian Empirefrom 1811, known in Croatia as"General Civil Law"( "Opći građanski zakon" ).OGZ was in force from 1853[13]to 1946. After theWorld War II,Croatia becomes a member of theYugoslav Federationwhich enacted in 1946 the"Law on immediate voiding of regulations passed before April 6, 1941, and during the enemy occupation"( "Zakon o nevaženju pravnih proposal donesenih prije 6. travnja 1941. i za vrijeme neprijateljske okupacije" ).By this law, OGZ was declared invalid as a whole, but the implementation of some of its legal rules was approved. During the post-War era, the Croatian legal system become influenced by elements of thesocialist law.Croatian civil law was pushed aside, and it took norms of public law and legal regulation of thesocial ownership.After Croatia declared independence from Yugoslavia on 25 June 1991, the previous legal system was used as a base for writing new laws."The Law on Obligations"( "Zakon o obveznim odnosima" )was enacted in 2005.[14]Today, Croatia as aEuropean Unionmember state implements elements of theEU acquisinto its legal system. |
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Influenced by Spanish and American law with large elements ofCommunist legal theory. |
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Based on Dutch Civil Law. |
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Based on Germanic civil law. Descended from theCivil Code of the Austrian Empire(1811), influenced by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet influence and elements ofsocialist lawafter theVelvet Revolution(1989). The new Civil Code of the Czech Republic was introduced in 2014, reestablishing the norms of the ABGB, an reintroducing terms and concepts from it. |
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Based onNorth Germanic law.Scandinavian-North Germanic civil law. |
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Based on theNapoleonic Code |
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Based on the Chilean civil law. Civil code introduced in 1861. |
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Based on law. |
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Based on German civil law. |
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Based on Nordic law.[15] |
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Based onNapoleonic code(code civilof 1804) |
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Based on Napoleonic civil law and Islamic law. |
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Based on the French civil law system |
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Based on French civil law system, customary law, and decree[15] |
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Based on Portuguese civil law |
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Based on Germanic civil law. TheBürgerliches Gesetzbuchof 1900 ( "BGB" ). The BGB is influenced both by Roman and German law traditions. |
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Based on Germanic civil law. The Greekcivil codeof 1946, highly influenced by traditional Roman law and the German civil code of 1900 (Bürgerliches Gesetzbuch); the Greek civil code replaced theByzantine–Roman civil lawin effect in Greece since its independence (Νομική Διάταξη της Ανατολικής Χέρσου Ελλάδος, Legal Provision of Eastern Mainland Greece, November 1821: 'Οι Κοινωνικοί Νόμοι των Αειμνήστων Χριστιανών Αυτοκρατόρων της Ελλάδος μόνοι ισχύουσι κατά το παρόν εις την Ανατολικήν Χέρσον Ελλάδα', 'The Social [i.e. Civil] Laws of the Dear Departed Christian Emperors of Greece [referring to the Byzantine Emperors] alone are in effect at present in Eastern Mainland Greece') |
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Based on Napoleonic civil law. Guatemala has had three Civil Codes: the first one from 1877, a new one introduced in 1933, and the one currently in force, which was passed in 1963. This Civil Code has suffered some reforms throughout the years, as well as a few derogations relating to areas that have subsequently been regulated by newer laws, such as the Code of Commerce and the Law of the National Registry of Persons. In general, it follows the tradition of the Roman-French system of civil codification.
Regarding the theory of 'sources of law' in the Guatemalan legal system, the 'Ley del Organismo Judicial' recognizes 'the law' as the main legal source (in the sense of legislative texts), although it also establishes 'jurisprudence' as a complementary source. Although jurisprudence technically refers to judicial decisions in general, in practice it tends to be confused and identified with the concept of 'legal doctrine', which is a qualified series of identical resolutions in similar cases pronounced by higher courts (the Constitutional Court acting as a 'Tribunal deAmparo', and the Supreme Court acting as a 'Tribunal de Casación') whose theses become binding for lower courts. |
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Based on Napoleonic civil law. |
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Based on Germanic, codifiedRoman lawwith elements from Napoleonic civil law. |
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Based onNorth Germanic law.Germanic traditional laws and influenced by Medieval Norwegian and Danish laws. |
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Based on Portuguese civil law (Goa,andDadra and Nagar Haveli and Daman and Diu), and French civil law (Puducherry).[16]Vedic Hindu legal traditionsalso influenced the legal system in India.[17][18] |
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Based on Germanic civil law, with elements of theNapoleonic civil code;civil code of 1942 replaced the original one of 1865 |
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Based on French civil law system |
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Based on Germanic civil law. Japanese civil code of 1895. |
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Based on Napoleonic and German civil law, as it was historically before the Soviet occupation. While general principles of law are prerequisites in making and interpreting the law, case law is also regularly applied to present legal arguments in courts and explain the application of law in similar cases. Civil law largely modeled after the Napoleonic code mixed with strong elements of German civil law. Criminal law retains Russian and German legal traditions, while criminal procedure law has been fully modeled after practice accepted in Western Europe. The civil law of Latvia enacted in 1937. |
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Based on Napoleonic civil law. |
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Modeled after Dutch civil law |
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Law in the state of Louisiana is based on French and Spanish civil law.
Federal courts and 49 states use the legal system based on English common law (see below), which has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for guidance on issues of the first impression and rarely look at contemporary cases on the same issue in the UK or the Commonwealth. |
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Based on Napoleonic civil law. |
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Principally based on Portuguese civil law, also influenced by PRC law.[19] |
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Based on Napoleonic civil law. "The origins of Mexico's legal system are both ancient and classical, based on the Roman and French legal systems, and the Mexican system shares more in common with other legal systems throughout the world (especially those in Latin America and most of continental Europe)..."[20] |
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Based on Germanic civil law. |
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Based on Napoleonic and German civil law. First: the General Property Code for thePrincipality of Montenegroof 1888, written byValtazar Bogišić.Present: the Law on Obligations of 2008. |
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Based on Portuguese civil law |
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Based onNapoleonic code with German law influence |
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Based onCivil Code,however, the principle ofstare decisisis widely practised. The legal system of Nepal has been influenced byBritish Legal System |
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Scandinavian-North Germanic civil law, based onNorth Germanic law.KingMagnus VI the Lawmenderunified the regional laws into a single code of law for the whole kingdom in 1274. This was replaced byChristian V'sNorwegian Codeof 1687. |
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The Paraguayan Civil Code in force since 1987 is largely influenced by the Napoleonic Code and the Argentine Code |
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Based on civil law system. accepts compulsory International Court of Justice ICJ jurisdiction with despotic and corrupting reservations. |
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The Polish Civil Code in force since 1965 |
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Influenced by theNapoleonic Codeand later by the German civil law |
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Influenced by GermanCivil Codeand JapaneseSix Codes.Enacted in 1931. |
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Civil Codecame into force in 2011. Based on the Civil Code of Quebec, but also influenced by the Napoleonic Code and other French-inspired codes (such as those of Italy, Spain and Switzerland)[21] |
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Civil Law system descendant fromRoman LawthroughByzantinetradition. Heavily influenced by German and Dutch norms in the 1700s. Socialism-style modifications from 1920s on, and Continental European Civil Law influences since the 1990s.[22][23] |
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Mixture of Belgian civil law and English common law |
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Based on Portuguese civil law |
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First: theCivil CodeofPrincipality of Serbiaof 1844, written by Jovan Hadžić, was influenced by the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch). Present: The Swiss civil law (Zivilgesetzbuch) was a model for the Law on Obligations of 1978. |
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Descended from theCivil Code of the Austrian Empire(1811), influenced by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet influence and elements ofsocialist lawafter theVelvet Revolution(1989). |
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A Civil Law system influenced mostly by Germanic and Austro-Hungarian law systems |
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Based on the German civil law system. Also largely influenced by Japanese civil law which itself modeled after the German one.Korean Civil Codewas introduced 1958 and fully enacted by 1960. |
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Influenced by theNapoleonic Code,it also has some elements of Spain's legal tradition, starting with theSiete Partidas,major legislative achievement from the Middle Ages. That body of law remained more or less unchanged until the 19th century when the first civil codes were drafted, merging both the Napoleonic style with the Castilian traditions. |
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Based on Dutch civil law |
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Scandinavian-North Germanic civil law. Like all Scandinavian legal systems, it is distinguished by its traditional character and for the fact that it did not adopt elements of Roman law. It assimilated very few elements of foreign laws whatsoever. The Napoleonic Code had no influence in the codification of law in Scandinavia. The historical basis of the law of Sweden, just as for all Nordic countries, isNorth Germanic law.Codification of the law started in Sweden during the 18th century, preceding the codifications of most other European countries. However, neither Sweden nor any other Nordic state created a civil code of the kind of theCode Civilor the BGB. |
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TheSwiss Civil Codeof 1908 and 1912 (obligations; fifth book) |
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Based on Napoleonic civil law. |
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Based on Portuguese civil law |
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Modeled after the Swiss civil law (Zivilgesetzbuch) of 1907. |
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Based on German civil law and was accepted in 2004. |
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The basis for itspublic lawis the1967 Constitution,amended in 1989, 1994,1996,and 2004. There is a clear separation of functions between the three administrative powers.[24]Private relationships are governed by theUruguayan Civil Code.[25] |
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Represents an evolution ofSovietcivil law. The overwhelmingly strong impact of the Communist legal theory is traceable. |
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Based onCommunist legal theory,influenced byFrench civil law. |
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Based on Napoleonic civil law. Spanish legal traditions also influenced the civil law system in Venezuela.[26] |
Common law
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Common law andequityare systems of law whose sources are the decisions in cases by judges. In addition, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. The common law developed in England, influenced byAnglo-Saxonlaw and to a much lesser extent by theNorman conquest of England,which introduced legal concepts fromNorman law,which, in turn, had its origins inSalic law.Common law was later inherited by theCommonwealth of Nations,and almost every former colony of theBritish Empirehas adopted it (Maltabeing an exception). The doctrine ofstare decisis,also known ascase laworprecedentby courts,is the major difference to codified civil law systems.
Common law is practiced inCanada(excludingQuebec),Australia,New Zealand,most of theUnited Kingdom(England, Wales,andNorthern Ireland),South Africa,Ireland,India(excludingGoaand Puducherry),[27]Pakistan,Hong Kong,theUnited States(on state and territorial levels excludingLouisianaandPuerto Rico),Bangladesh,and many other places. Several others have adapted the common law system into a mixed system; For example, Nigeria operates largely on a common law system in the southern states and at the federal level, but also incorporates religious law in the northern states.
In theEuropean Union,theCourt of Justicetakes an approach mi xing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the EnglishMagna Carta,[28]which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.
Country | Description |
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Based onlaw of the United States. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law, with the Muslim family law heavily based on Islamic law (Sharia). |
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Based on English common law. |
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Based on English common law. |
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Based on English common law, with an Indian influence. Religious law influences personal law. |
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Based on English common law. |
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Based on English common law, except in![]() |
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Based on English common law. |
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Based on English common law, as inherited from British colonization, with civil law influences, particularly in criminal law. |
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Based on English common law. |
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Primarilycommon law,with earlyRomanand some moderncontinental Europeaninfluences. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law. |
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Principally based on English common law, also influenced by PRC law.[19] |
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Based on English common law, except intermingled laws in Goa,[29]DNHDD and Puducherry.[16]Vedic Hindu legal traditionsalso influenced the legal system in India.[17][18] |
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Based on Irish law before 1922, which was itself based on English common law. |
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Based on English common law, arising from the period of theBritish Mandate(which includes laws arising from previousOttomanrule),[30]also incorporating civil law and fragments ofHalakhaandShariafor family law cases |
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Based on English common law. |
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Based on English common law. |
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Based on Anglo-American and customary law |
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Based onlaw of the United States. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law with some aspects oftikanga Māori.[31][32] |
Northern Ireland ( ![]() |
Based on Irish law before 1921, in turn, based on English common law. |
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Based onlaw of the United States. |
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Based on English common law, with some provisions of Islamic law.[33] |
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Based on English common law and customary laws of its more than 750 different cultural and language groups. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law, but Muslims are subject to theAdministration of Muslim Law Act,which gives the Sharia Court jurisdiction over Muslim personal law,e.g.,marriage, inheritance and divorce. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law. |
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Based on English common law. |
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Federal courtsand 49 states use the legal system based on English common law, which has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for guidance on issues of the first impression and rarely if ever, look at contemporary cases on the same issue in the UK or the Commonwealth.
Louisianais based on French and Spanish civil law, andPuerto Ricois based on Spanish civil law. |
Religious law
[edit]Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Judaism andhalakhafor public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christiancanon lawis more similar tocivil lawin its use ofcodes;and Islamicsharialaw (andfiqhjurisprudence) is based on legalprecedentand reasoning byanalogy(qiyas), and is thus considered similar tocommon law.[34]
The main kinds of religious law areshariain Islam,halakhain Judaism, andcanon lawin some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system; the latter was particularly common during theMiddle Ages.
![](https://upload.wikimedia.org/wikipedia/commons/thumb/7/75/Aleppo_Codex_Joshua_1_1.jpg/150px-Aleppo_Codex_Joshua_1_1.jpg)
Halakhais followed byOrthodoxandConservativeJews in both ecclesiastical and civil relations. No country is fully governed byhalakha,but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings.
Canon lawis the internalecclesiasticallaw, or operational policy, governing theCatholic Church(both theLatin Churchand theEastern Catholic Churches), theEastern OrthodoxandOriental Orthodoxchurches, and the individual national churches within theAnglican Communion.[35]Canon law of the Catholic Church(Latin:jus canonicum)[36]is thesystemoflawsandlegal principlesmade and enforced by thehierarchical authoritiesof the Catholic Church to regulate its external organisation and government and to order and direct the activities of Catholics toward the mission of the church.[37]The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws,courts,lawyers,judges.[38]The canon law of the Latin Church was the first modern Westernlegal system,[39]and is the oldest continuously functioning legal system in theWest.[40][41]while the distinctive traditions ofEastern Catholic canon lawgovern the 23 Eastern Catholicparticular churchessui iuris.
The Islamic legal system, consisting ofsharia(Islamic law) andfiqh(Islamic jurisprudence), is the most widely usedreligious lawsystem, and one of the three most common legal systems in the world alongside common law and civil law.[42]It is based on bothdivine law,derived from thehadith of the Quran and Sunnah,and the rulings ofulema(jurists), who use the methods ofijma(consensus),qiyas(analogical deduction),ijtihad(research), andurf(common practice) to derivefatwā(legal opinions). Anulemawas required to qualify for anijazah(legaldoctorate) at amadrasa(law schoolorcollege) before they could issuefatwā.[43]During theIslamic Golden Age,classical Islamic law may have had aninfluence on the developmentof common law[6]and several civil law institutions.[44]Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts, and public law.
Country | Description |
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Islamic law, based on SunniHanafijurisprudence.[45] |
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Islamic law, based on ShiaJaʽfarijurisprudence.[46] |
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Sharia in the northern states,common lawin the south and at the federal level. |
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Islamic law. |
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Islamic law. |
Pluralistic systems
[edit]Civil law and canon law
[edit]Canon lawis not divine law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church.Canon lawregulates the internal ordering of theCatholic Church,theEastern Orthodox Churchand theAnglican Communion.Canon law is amended and adopted by the legislative authority of the church, such ascouncils of bishops,individual bishops for their respective sees, thePopefor the entire Catholic Church, and the British Parliament for theChurch of England.
Country | Description |
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Based onRoman&Italiancivil law andCatholic canon law[47] |
Civil law and common law
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Based onSouth African law.An 1891 proclamation by theHigh Commissioner for Southern Africaapplied the law of theCape Colony(now part of South Africa) to theBechuanaland Protectorate(now Botswana).[48] |
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Mixture of French civil law system and English common law (AfterWorld War I,Cameroon was ruled byFranceand theUnited Kingdomas aLeague of Nations mandatethen aUnited Nations trust territoryfrom 1916 to 1961) |
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Based on English common law (Cyprus was a British colony 1878–1960), with admixtures of French and Greek civil and public law, Italian civil law, Indian contract law,Greek Orthodoxcanon law and Muslim religious law. |
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Based onSouth African law.A 1907 proclamation by theHigh Commissioner for Southern Africaapplied the Roman-Dutch common law of theTransvaal Colony(now part of South Africa) to theSwaziland Protectorate(now Eswatini).[48] |
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Guyana follows a mixed legal system, a combination of Civil Law & Common Law.[49] |
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In post-independence India, the Uniform Penal Code throughout India andcivil code to residents of Goa.TheBharatiya Nyaya Sanhita,theBharatiya Nagarik Suraksha Sanhitaand theBharatiya Sakshya Act, 2023amendment bills with minor changes.[17][18]WhileHindu personal lawbased on customary laws ofIndian religionsandMuslim personal lawbased onhanafischool are currently used,[50]the Indian government is promoting aUniform Civil Codethat applies to all citizens.[51] |
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Based on English Common Law and Civil law as well as the country's customary law. |
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Based onSouth African law.An 1884 proclamation by theHigh Commissioner for Southern Africaapplied the law of theCape Colony(now part of South Africa) toBasutoland(now Lesotho).[48] |
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Based on French and Spanish civil law, but federal laws (based on common law) are also in effect in Louisiana because of federalSupremacy Clause.However, Louisiana's criminal law, procedural law and administrative law is predominantly based on the common law tradition. |
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Initially based onRoman Lawand eventually progressed to the Code de Rohan, theNapoleonic Codewith influences from Italian Civil Law. English common law however is also a source of Maltese Law, most notably inPublic Law. |
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Laws governing the Mauritian penal system are derived partly fromFrench civil lawandBritish common law.[52] |
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Based onSouth African law.South Africa conqueredSouth-West Africa(now Namibia) in 1915, and a 1919 proclamation by theGovernor-Generalapplied the law of theCape Provinceof South Africa to the territory.[53] |
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Based on Spanish law; influenced by U.S. common law after 1898Spanish–andPhilippine–American Wars,personal law based onsharialaw applies to Muslims. |
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Based on Spanish law; influenced by U.S. common law after 1898 (victory of the U.S. over Spain in the Spanish–American War of 1898 and cession of Puerto Rico to the U.S.); federal laws (based on common law) are in effect because of federal Supremacy Clause. |
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After the 1763Treaty of ParisawardedFrench Canadato Great Britain, the British initially attempted to impose English Common Law. In 1774, as a result of a ruling by the British courts inCampbell v Hallabout the status of legal systems found in acquired territories, the British Parliament passed theQuebec Act,which preserved Frenchcivil lawforprivate lawwhile keeping and reserving Englishcommon lawfor public law including criminal prosecution. Codification occurred in 1866 with the enactment of theCivil Code of Lower Canada(French:Code civil du Bas-Canada), which continued in force when the modern Province of Quebec was created at Confederation in 1867. Subsequently, theCivil Code of Quebec(French:Code civil du Québec) came into effect on 1 January 1994, and is thecivil codecurrently in force. Canadian (federal) criminal law in force in Quebec is based on common law, but federal statutes of or relating to private law take into account the bijuridical nature of Canada and use both common law and civil law terms where appropriate. |
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Based onRomanand continental law, with common law elements dating back to theHigh Middle Ages.[54] |
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The substantive civil law is based on the French Civil Code. Otherwise, the criminal law and court procedure are based on the English common law. SeeSeychelles Legal Environment. |
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An amalgam ofRoman-Dutch civil lawand Englishcommon law,as well asCustomary Law. |
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An amalgam of English common law,Roman-Dutch civil lawandCustomary Law |
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The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, Indian and American laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over the years, Thai law has naturally taken on its own Thai identity. |
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Consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law. |
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Based onSouth African law.An 1891 proclamation by theHigh Commissioner for Southern Africaapplied the law of theCape Colony(now part of South Africa) toSouthern Rhodesia(now Zimbabwe). |
Civil law and sharia law
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Family Law (personal Statute) for Muslims based on Islamic Jurisprudence, Separate Personal Statute for non-Muslims, and all other branches of Law are based on French civil law system |
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Only applies to Muslims for personal matters |
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Based onNapoleonic-Dutch civil law,mixed with Islamicsharialaw (personal matters only), andCustomary Law. |
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Mainly based onFrench Civil Codeand OttomanMajalla,Islamic law applicable to family law |
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Mix of Islamic law andFrench Civil Codes,Islamic law largely applicable to both criminal, family law, and other forms of personal laws such as disputes. |
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Civil law and sharia personal law for Muslims. |
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Based on Islamic law and French and Spanish civil law system. Islamic law is mainly for personal matters and Jews use Halakha. |
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Based on Islamic law and the Egyptian civil law system (after the French civil law system) |
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Mainly based onFrench Civil Code.Islamic law is applicable to family law. Non-Muslims follow their own family laws. |
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Mixed legal system, based on Islamic law and the Egyptian civil law system (after the French civil law system). The UAE adopts a dual legal system of civil and Sharia.[55] |
Common law and sharia law
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Based on English common law, personal law based on sharia law applies to Muslims. |
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Based on English common law, personal law based onsharialaw applies to Muslims. |
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Common law is used at the federal level and in most states,Sharia is applied in some northern states. |
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Based on English common law, some Islamic law (sharia) applications ininheritance.FormerlyTribal Lawin theFATA.[33] |
By geography
[edit]Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by theirgeographic location.
See also
[edit]References
[edit]- ^"Legal Systems of the World"(PDF).Saint: Security Sector Development. Archived fromthe original(PDF)on 25 March 2020.Retrieved31 May2017.
- ^Wood, Phillip (2007).Principles of International Insolvency.Sweet & Maxwell.ISBN9781847032102.Retrieved30 August2015.
- ^Wood, Phillip (2008).Maps of World Financial Law:Law and practice of international finance series.Sweet & Maxwell.ISBN9781847033420.Retrieved30 August2015.
- ^"English Common Law is the most widespread legal system in the world"(PDF).Sweet & Maxwell. November 2008.Retrieved30 August2015.
- ^Badr, Gamal Moursi (Spring 1978), "Islamic Law: Its Relation to Other Legal Systems",The American Journal of Comparative Law,26(2 [Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24–25, 1977]): 187–198 [196–8],doi:10.2307/839667,JSTOR839667
- ^abMakdisi, John A. (June 1999), "The Islamic Origins of the Common Law",North Carolina Law Review,77(5): 1635–1739
- ^Triggiano, Annalisa."Towards a Civil Code: The Italian Experience".Teoria e Storia del Diritto Privato.
- ^Franklin, Mitchell (Spring 1951)."On the Legal Method of the Uniform Commercial Code".Law and Contemporary Problems.16(2): 330–343.doi:10.2307/1190098.JSTOR1190098.
- ^The Civil Code of the Republic of Albania, 1991Archived22 January 2016 at theWayback Machine
- ^"Ministerio de Economía y Finanzas Públicas – Argentina".InfoLEG.Retrieved19 January2017.
- ^"Comienza a regir el nuevo Código Civil y Comercial".Jornadaonline. Archived fromthe originalon 23 June 2016.Retrieved19 January2017.
- ^Andorra (11/07)
- ^"Opći građanski zakonik | Hrvatska enciklopedija".Enciklopedija.hr.Retrieved19 January2017.
- ^Croatian legal history in the European context, Dalibor Čepulo, p. 357
- ^abThe World Factbook
- ^abJain, Subhash C. (1970)."French Legal System in Pondicherry: An Introduction".Journal of the Indian Law Institute.12(4): 573–608.ISSN0019-5731.JSTOR43950094.
- ^abcRitisha, Sinha (13 December 2023)."India government introduces revised criminal law amendment bills with minor changes".Jurist.Retrieved31 March2024.
- ^abcBhaumik, Aaratrika (18 December 2023)."Revised criminal law bills: The key changes | Explained".The Hindu.ISSN0971-751X.Retrieved31 March2024.
- ^abIgnazio, Castellucci (2012)."Legal Hybridity in Hong Kong and Macau"(PDF).McGill Law Journal.57(4): 665–720.doi:10.7202/1013028ar.
- ^"Jaime B. Berger Stender Attorney at Law author, Tijuana, B.C., Mexico".Archived fromthe originalon 4 April 2005.Retrieved23 February2007.
- ^Valeriu Stoica (2009).Drept civil. Drepturile reale Principale.Bucharest: C.H. Beck. pp. XIII.
- ^Maggs, Peter B., Olga Schwartz, and William Burnham. Law and legal system of the Russian Federation. Juris Publishing, Inc., 2015.https://books.google /books?id=J0jwCQAAQBAJ&dq=russian+legal+system&pg=PR21
- ^Butler, William E. "Russian law." Elgar Encyclopedia of Comparative Law, Second Edition. Edward Elgar Publishing, 2012. 777-788.https:// elgaronline /display/edcoll/9781849804158/9781849804158.00066.xml
- ^Constitution of Uruguay(in Spanish)
- ^Uruguayan Civil CodeArchived2013-12-13 at theWayback Machine(in Spanish)
- ^"Venezuela: Legal tradition".International Commission of Jurists.Retrieved19 November2021.
- ^Manooja, D. C. (2000)."Uniform Civil Code: A Suggestion".Journal of the Indian Law Institute.42(2/4): 448–457.ISSN0019-5731.JSTOR43953824.
- ^"Magna Carta".Retrieved10 November2006.
- ^Nandini Chavan, Qutub Jehan Kidwai (2006). "Territorial Diversities and Personal Laws".Personal Law Reforms and Gender Empowerment: A Debate on Uniform Civil Code.Hope India Publications. p. 245.ISBN978-81-7871-079-2.
- ^"Archived copy"(PDF).Archived fromthe original(PDF)on 23 February 2015.Retrieved30 January2015.
{{cite web}}
:CS1 maint: archived copy as title (link) - ^Josephine Takamore v Denise Clarke,SC 131/2011 [2012] NZSC 116, paragraph 94 (Supreme Court of New Zealand18 December 2012).
- ^Kramm, M. (2020). When a River Becomes a Person.Journal of Human Development and Capabilities,21(4), 307–319. https://doi.org/10.1080/19452829.2020.1801610
- ^abMartin, Lau (1994)."Introduction to the Pakistani Legal System, with Special Reference to the Law of Contract".HeinOnline.
- ^El-Gamal, Mahmoud A. (2006),Islamic Finance: Law, Economics, and Practice,Cambridge University Press,p. 16,ISBN0-521-86414-3
- ^Boudinhon, Auguste."Canon Law."The Catholic Encyclopedia. Vol. 9. New York: Robert Appleton Company, 1910. 9 August 2013
- ^Black's Law Dictionary, 5th Edition, pg. 771: "Jus canonicum"
- ^Della Rocca,Manual of Canon Law,p. 3.
- ^Edward N. Peters,"A Catechist's Introduction to Canon Law",CanonLaw.info, accessed June-11-2013
- ^Berman, Harold J.Law and Revolution,pp. 86, 115.
- ^Edward N. Peters,CanonLaw.info Home Page,accessed 11 June 2013.
- ^Raymond Wacks,Law: A Very Short Introduction, 2nd Ed.(Oxford University Press, 2015) p. 13.
- ^Badr, Gamal Moursi (Spring 1978), "Islamic Law: Its Relation to Other Legal Systems",The American Journal of Comparative Law,26(2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977): 187–198,doi:10.2307/839667,JSTOR839667
- ^Makdisi, George (April–June 1989), "Scholasticism and Humanism in Classical Islam and the Christian West",Journal of the American Oriental Society,109(2): 175–182 [175–77],doi:10.2307/604423,JSTOR604423
- ^Badr, Gamal Moursi (Spring 1978), "Islamic Law: Its Relation to Other Legal Systems",The American Journal of Comparative Law,26(2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977): 187–198 [196–8],doi:10.2307/839667,JSTOR839667
- ^Arwa, Ibrahim."Explainer: The Taliban and Islamic law in Afghanistan".Al Jazeera.Retrieved23 August2021.
- ^"An Intellectual History of the Ja'fari School".Law and religion forum.Retrieved25 August2022.
- ^"Pope Francis reforms Vatican City courts with new law".Catholic News Agency.Retrieved16 February2021.
- ^abcPain, JH (July 1978). "The reception of English and Roman-Dutch law in Africa with reference to Botswana, Lesotho and Swaziland".The Comparative and International Law Journal of Southern Africa.11(2): 137–167.
- ^Errol, A. Adams (2020)."Guyana Law and Legal Research".Hauser Global Law School Program, New York University School of Law.
- ^"Religious conversion: HC query raises more question marks".The Times of India.Retrieved1 December2017.
- ^"Modi's party set to bring contentious common civil laws in India through states".Reuters.Retrieved31 January2024.
- ^"Mauritius-Penal System".Retrieved19 March2018.
- ^Geraldo, Geraldine Mwanza; Nowases, Isabella (April 2010)."Researching Namibian Law and the Namibian Legal System".Retrieved7 May2013.
- ^This definition is partly disputed – Thomson, Stephen,Mixed Jurisdiction and the Scottish Legal Tradition: Reconsidering the Concept of Mixture(2014) 7(1)Journal of Civil Law Studies51–91
- ^"The Federal Judiciary".The UAE Government. 2022.
Sources
[edit]- Books
- Moustaira Elina N.,Comparative Law: University Courses (in Greek),Ant. N. Sakkoulas Publishers, Athens, 2004,ISBN960-15-1267-5.
- Moustaira Elina N.,Milestones in the Course of Comparative Law: Thesis and Antithesis (in Greek),Ant. N. Sakkoulas Publishers, Athens, 2003,ISBN960-15-1097-4.
- Palmer, Vernon Valentine, Mohamed Y. Mattar, & Anna Kopper, eds.Mixed Legal Systems, East and West.Farnham–Burlington, VT: Ashgate, 2014.
External links
[edit]- World Legal Systems,Website of the Faculty of Law of the University of Ottawa
- Factbook list of legal systems