Civil Law

Table of Contents

What is Civil Law?

Civil law is a legal system that is based on a written code of laws. It is one of the two main legal systems in the world, the other being common law. Civil law is used in most of Europe, Latin America, and parts of Asia and Africa.

Civil law systems are based on the idea that the law should be clear and accessible to everyone. The code of laws is the supreme source of law, and judges are bound to follow it. In civil law systems, there is less emphasis on precedent than in common law systems.

History of Civil Law

The roots of civil law can be traced back to ancient Rome. The Twelve Tables, a set of laws that were inscribed on bronze tablets and displayed in public places, were the foundation of Roman law. The Twelve Tables were later codified by the Roman emperor Justinian in the 6th century AD.

Justinian’s Code, as it is known, became the basis for civil law systems throughout Europe. In the Middle Ages, civil law was further developed by the Roman Catholic Church. The Church’s canon law, which dealt with matters of religious and moral law, had a significant influence on civil law.

After the fall of the Roman Empire, civil law continued to be used in Europe. However, it was not until the 12th century that civil law began to be codified again. The most important codification of civil law in this period was the Siete Partidas, which was compiled in Spain in the 13th century.

The Siete Partidas was followed by a number of other codifications of civil law in Europe. The most important of these was the Napoleonic Code, which was adopted in France in 1804. The Napoleonic Code was based on the principle of equality before the law, and it had a major influence on the development of civil law systems around the world.

Characteristics of Civil Law

Civil law systems are characterized by the following features:

A written code of laws: The supreme source of law in a civil law system is a written code of laws. This code is usually compiled by a government commission and is then enacted by the legislature.
Codification: Civil law systems are based on the principle of codification. This means that the law is codified, or written down, in a systematic and comprehensive way.
Precedent: Civil law systems do not rely on precedent as much as common law systems do. This means that judges are not bound to follow the decisions of previous judges in similar cases.
Hierarchy of courts: Civil law systems have a hierarchy of courts. The highest court in a civil law system is usually called the Supreme Court.
Inquisitorial system: Civil law systems use an inquisitorial system of justice. This means that the judge takes a more active role in the proceedings than in a common law system.

Advantages of Civil Law

There are a number of advantages of civil law systems. These include:

Clarity: The written code of laws in a civil law system makes the law clear and accessible to everyone.
Predictability: The principle of codification makes the law predictable. This means that people can know what the law is and how it will be applied in a particular case.
Efficiency: The inquisitorial system of justice in a civil law system can be more efficient than the adversarial system of justice in a common law system.

Disadvantages of Civil Law

There are also a number of disadvantages of civil law systems. These include:

Rigidity: The written code of laws in a civil law system can be inflexible and difficult to change.
Lack of flexibility: The principle of codification can make the law inflexible and difficult to adapt to changing circumstances.
Lack of judicial discretion: The inquisitorial system of justice in a civil law system can give judges less discretion than they have in a common law system.

Conclusion

Civil law systems have a number of advantages, including clarity, predictability, and efficiency. However, they also have a number of disadvantages, including rigidity, lack of flexibility, and lack of judicial discretion.