1.1.

(Continue) This unit introduces common law systems versus so-called civil law systems
and includes legal vocabulary

Comparative chart

Profra. Nayeli Guadalupe Hernández Roque

Hilda Xitlali Villagran López

LICENCIATURA EN

6
IDIOMAS
to.
Cuatrimestre

VI 6 Textos Jurídicos Y Económico-Comerciales

 CIVIL LAW
✓ Civil law is largely classified and
structured and contains a great
number of general rules and
principles, often lacking details.
✓ The main principles and rules are
contained in codes and statutes,
which are applied by the courts
codes.
✓ The courts in the civil law system
have as their main task deciding
particular cases by applying and
interpreting legal norms.
✓ The parties to a contract may agree
that contractual rights can be
transferred to a third party
(stipulation alteri).
✓ In civil law an offer may be revoked
until it reaches the offeree, while in
common law an offer cannot be
revoked after being accepted by the
offeree.
✓ Written evidence prevails over oral
evidence.
✓ Jurisdictions a criminal judgment
has the force of a conclusive
evidence and binds the whole world.
COMMON LAW
✓ The common law is not created by
means of legislation but is based
mainly on case law.
✓ The law has been dominantly created
by judicial decisions, while a
conceptual structure is often lacking.
✓ The courts are supposed not only to
decide disputes between particular
parties but also to provide guidance as
to how similar disputes should be
settled in the future.
✓ Does not recognize contracts for the
benefit of third parties. Instead, the
doctrine of privity of contract applies,
which effectively prevents stipulations
in favor of third parties.
✓ The offeree bears the risk of revocation
only for the period between the arrival
of the offer and the dispatch of the
acceptance, the period during which he
is considering whether to accept or not
(which period is usually very short).
✓ Trial witnesses are examined and
cross-examined in the presence of the
judge and jury.
✓ The rule is that in a civil action facts in
issue cannot be proved by reference to
previous criminal proceedings.
Bibliography
Pejovic, C. (2001). CIVIL LAW AND COMMON LAW: TWO DIFFERENT PATHS LEADING TO THE SAME GOAL.
Kyushu University.