Every country has its own legal system and most of the countries follow civil law and common law. Although they are different, these legal systems’ purpose is to regulate and control people’s actions. They are part of people’s social life and civilization. Common Law system is followed by over 80 countries in the world and approximately 150 countries are civil law countries. The USA, Great Britain, and other countries that were colonies of these countries follow common law. France, Germany and other European, East Asian, Latino American countries including Uzbekistan follow civil law system. Nevertheless, there are some countries that the civil law and the common law have been functioning together as a “mixed law”, for example, in Louisiana,
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The Common law emerged in 11th century in England. After the Norman Conquest in 1066, kings started strengthening the power and establish new organizations of regal authority and justice. The system of “writs”-royal orders was taken for new legal actions and the king established his own court. Royal court was dominant in authority and they established constant rules and general norms that formed general law for whole country. It was hard to achieve justice in some cases. These difficulties caused the establishment of “the court of equity” that was courts of king’s chancellor in order that hearing complaints and providing solution. The Courts of law and the courts of equity functioned in a separate way, but after the ending of writs system they started functioning together. Nevertheless, in today’s usage of common law still some kinds of writs exist. In the Middle ages other systems of law existed in England with Common law and in 17th it succeed after Parliament’s institution it was claimed that Common law was dominant and other laws were supplementary to it. Nowadays, Common law system is functioning in other countries such as USA, Canada, Australia, New Zealand and other countries of the Great …show more content…
In Civil law legislation is considered as the main source of law and codes are the main feature of the Civil law system. These codes differ from ordinary statutes.
Civil code is written law that controls relationship between people or citizens. It is set of rules and principles that was arranged and compiled by high-level authorities. The solution of some cases is made by judges according to these codes or statutes and judge proves that decision is made according to the written law not precedents. Actually, codes cover the subject in principles, not in details.The nature of such a code naturally calls for a liberal interpretation in order that it may serve as the basis of decision for new situations (Dainow J. 424p.). This method of liberal explication also dominates for regular statuses in jurisdiction of civil law. The predominant sources is Legal doctrines that was written by well-experienced legal scholars and then international
The Common law emerged in 11th century in England. After the Norman Conquest in 1066, kings started strengthening the power and establish new organizations of regal authority and justice. The system of “writs”-royal orders was taken for new legal actions and the king established his own court. Royal court was dominant in authority and they established constant rules and general norms that formed general law for whole country. It was hard to achieve justice in some cases. These difficulties caused the establishment of “the court of equity” that was courts of king’s chancellor in order that hearing complaints and providing solution. The Courts of law and the courts of equity functioned in a separate way, but after the ending of writs system they started functioning together. Nevertheless, in today’s usage of common law still some kinds of writs exist. In the Middle ages other systems of law existed in England with Common law and in 17th it succeed after Parliament’s institution it was claimed that Common law was dominant and other laws were supplementary to it. Nowadays, Common law system is functioning in other countries such as USA, Canada, Australia, New Zealand and other countries of the Great …show more content…
In Civil law legislation is considered as the main source of law and codes are the main feature of the Civil law system. These codes differ from ordinary statutes.
Civil code is written law that controls relationship between people or citizens. It is set of rules and principles that was arranged and compiled by high-level authorities. The solution of some cases is made by judges according to these codes or statutes and judge proves that decision is made according to the written law not precedents. Actually, codes cover the subject in principles, not in details.The nature of such a code naturally calls for a liberal interpretation in order that it may serve as the basis of decision for new situations (Dainow J. 424p.). This method of liberal explication also dominates for regular statuses in jurisdiction of civil law. The predominant sources is Legal doctrines that was written by well-experienced legal scholars and then international