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Civil Law

Civil Law

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Published by Molox

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Published by: Molox on May 07, 2010
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11/17/2012

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A Primer on theCivil-Law System
by
James G. Apple
Chief, Interjudicial Affairs OfficeFederal Judicial Center and 
Robert P. Deyling
 Judicial Fellow Administrative Office of the U.S. Courts, 1994–1995
This publication has been prepared and is being published by the FederalJudicial Center at the request of the International Judicial Relations Committeeof the Judicial Conference of the United States.
This Federal Judicial Center publication was undertaken in furtherance of the Center’sstatutory mission to conduct and stimulate research and development for theimprovement of judicial administration. The views expressed are those of the authors andnot necessarily those of the Federal Judicial Center.
 
iii
Contents
Acknowledgments vIntroduction 1Part I: The History and Development of the Civil-Law System 3In the Beginning: “All Roads Lead to Rome” 3Medieval Developments in Italy 6Canon Law and the Law Merchant 9Intellectual Developments Leading to the Codification Process 12The Codification Processes in France and Germany 15The French Code 15The German Code 16The Codes of Chile and Brazil 17The Development of the Role of Jurists in Modern Systems 19Part II: The Civil-Law System As It Exists and Functions in theModern Era 23The Public Law–Private Law Dichotomy 23Court Structure 24The Legal Process 26Civil Procedure 26Criminal Procedure 28Appellate Procedure 29Legal Actors: Tradition and Transition 29Legal Scholars 29The Legislature 30Judges 30Legal Education and Lawyers 30Transition in the Civil-Law World 31Part III: The Common Law and a Comparison of the Civil-Law andCommon-Law Systems 33Origins of the Common-Law System 33Jurists in the Common-Law System 34Differences in the Two Systems 35Conclusion 38Bibliography 41
 
iv
A Primer on the Civil-Law System
Appendix A: Excerpts from the
 Institutes
of Gaius 43Appendix B: Excerpts from the French Code 47Appendix C: Excerpts from the German Code 55Appendix D: Comparison of a Similar Issue of Law Treated by a French Courtand a German Court 63

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