LECTURE 3LECTURE 3

Theme:Theme: Basics of civil Basics of civil law. Civil law law. Civil law relationships.relationships.

PLANPLAN

1.1. Law and Society. Law and Society. 2. Civil law.2. Civil law. 3. Civil Procedure.3. Civil Procedure.

Civil lawCivil law

Civil lawCivil law, as , as a type of legal a type of legal system, is the form of law used system, is the form of law used by most countries around the by most countries around the world todayworld today. .

Civil ProcedureCivil Procedure

Civil procedure includes the legal Civil procedure includes the legal rules governing the procedure of rules governing the procedure of the court consideration and the court consideration and solving the disputes and the solving the disputes and the enforcement of writs.enforcement of writs.   

Civil law --- Common lawCivil law --- Common law

Civil law is primarily contrasted Civil law is primarily contrasted against common law, which is against common law, which is the legal system developed the legal system developed among people, especially in among people, especially in England.England.

Civil law --- Common lawCivil law --- Common law

The original difference is that, The original difference is that, historically, common law was law historically, common law was law developed by custom, beginning developed by custom, beginning before there were any written laws before there were any written laws and continuing to be applied by courts and continuing to be applied by courts after there were written laws, too, after there were written laws, too, whereas civil law developed out of the whereas civil law developed out of the Roman law.Roman law.

In later times, civil law became In later times, civil law became codified as customary law that codified as customary law that were local compilations of legal were local compilations of legal principles recognized as normative. principles recognized as normative. Attempts to codify customary law Attempts to codify customary law began during the second half of the began during the second half of the 18th century but civil codes with a 18th century but civil codes with a lasting influence were promulgated lasting influence were promulgated only after the French Revolution.only after the French Revolution.

Civil law --- Common lawCivil law --- Common law

The difference between civil law The difference between civil law and common law lies not just in the and common law lies not just in the mere fact of codification, but in the mere fact of codification, but in the methodological approach to codes methodological approach to codes and statutes. and statutes.

In civil law countries, In civil law countries, legislation legislation is is seen as the primary source of law. seen as the primary source of law.

By contrast, in the common law By contrast, in the common law system, system, case lawcase law is a major source of is a major source of law, while law, while statutesstatutes are often seen as are often seen as supplemental to judicial opinions and supplemental to judicial opinions and thus interpreted narrowly.thus interpreted narrowly.

Separation of powers in civil Separation of powers in civil law and common law countries:law and common law countries:

In some common law countries, especially In some common law countries, especially the United States, the United States, judgesjudges are seen as are seen as balancing the power of the other branches balancing the power of the other branches of government.of government.

By contrast, the original idea of separation By contrast, the original idea of separation of powers in France was to assign of powers in France was to assign different different roles to legislation and to judgesroles to legislation and to judges, with the , with the latter only applying the law. latter only applying the law.

There are other notable differences There are other notable differences between the legal methodologies of between the legal methodologies of various civil law countries. For various civil law countries. For example, it is often said that example, it is often said that common law opinions are much common law opinions are much longer and contain elaborate longer and contain elaborate reasoning, whereas legal opinions in reasoning, whereas legal opinions in civil law countries are usually very civil law countries are usually very short and formal in nature.short and formal in nature.

The legal theory usually subdivides The legal theory usually subdivides civil law into four distinct groups:civil law into four distinct groups:

French civil lawFrench civil law:: in France, Belgium, in France, Belgium, Luxembourg, the Canadian Province of Luxembourg, the Canadian Province of Quebec, the U.S. state of Louisiana, Italy, Quebec, the U.S. state of Louisiana, Italy, Spain and former colonies of those Spain and former colonies of those countries; countries;

German civil law:German civil law: in Germany, in Germany, Austria, Switzerland, Greece, Austria, Switzerland, Greece, Brazil, Portugal, Turkey, Japan, Brazil, Portugal, Turkey, Japan, and the Republic of China and the Republic of China (Taiwan);(Taiwan);

Scandinavian civil lawScandinavian civil law: in : in Denmark, Finland, Iceland, Denmark, Finland, Iceland, Norway and Sweden.Norway and Sweden.

Chinese lawChinese law is a mixture of civil is a mixture of civil

law and socialist law. law and socialist law.

Civil CodeCivil Code

The main act in field of The main act in field of legislation is the newly legislation is the newly adopted adopted Civil CodeCivil Code..

The subjects of the new The subjects of the new Civil CodeCivil Code are as follows: are as follows:

ObligationsObligations contract lawcontract law inheritance lawinheritance law legal entities conceptlegal entities concept   

The The Civil Procedural Code of Ukraine is the Civil Procedural Code of Ukraine is the main act in the field of legislationmain act in the field of legislation..

It contains six books and practically It contains six books and practically establishes a new norms for Ukrainian establishes a new norms for Ukrainian system.system.

Civil law comprises provisions Civil law comprises provisions governing the ownership and governing the ownership and non-property, and intellectual non-property, and intellectual property rights, contracts, property rights, contracts, torts, etc.torts, etc.

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