GENERAL PRINCIPLES
In common law countries, the traditional responsibility has
Civil law vs. Common Law (1997)
How would you compare the Civil Law system in its
governance and trend with that of the Common Law
system?
SUGGESTED ANSWER:
As regards "governance": Governance in Civil Law is codal,
statutory and written law. It is additionally derived from
case law. Common law is basically derived from case law.
As regards "trend": Civil law is now tending to rely more
and more on decisions of the courts explaining the laws.
Common law is now codifying laws more and more. So they
are now merging towards similar systems.
Additional Answers:
1. COMMON LAW refers to the traditional part of the law
as distinct from legislation; it refers to the universal part of
law as distinct from particular local customs (Encyclopedia
Americana, Vol. 7).
On the other hand, CIVIL LAW is understood to be that
branch of law governing the relationship of persons in
respect of their personal and private
interests as distinguished from both public and
international laws.
for the most part been with the judges; in civil law
countries, the task is primarily reposed on the lawmakers.
Contemporary practices, however, so indicate a trend
towards centralizing that function to professional groups
that may indeed, see the gradual assimilation in time of
both systems. [Vitug, Civil. Law and Jurisprudence, p. XX)
2. In Civil Law, the statutes theoretically take precedence
over court decisions interpreting them; while in
Common Law, the court decisions resolving specific cases
are regarded as law rather than the statutes themselves
which are, at the start, merely embodiments of case law.
Civil Law is code law or written law, while Common Law is
case law. Civil Law adopts the deductive method - from the
general to the particular, while the Common Law uses the
inductive approach from the particular to the general.
Common Law relies on equity. Civil Law anchors itself on
the letter of the law. The civilists are for the judge-proof
law even as the Common Law Is judge-made law. Civil Law
judges are merely supposed to apply laws and not interpret
them.