CIVIL LAW

By Bartosz Iwański
Nafisa Antara Rahman
Nenlarit Kassamn
STATU
TORY -Term used to define written laws usually enacted
by a legislative body

LAWS -This law varies from administrative laws or regulatory

laws that are passed by executive agencies and common
law
A Statue means any
Law, Act, Enactment. According to
The Parliament is given Blacks
authority of
EXAMPLE Lawmaking. According Dictionary,  "A 
to Blacks Statute is a formal
According to Subba Rao J. Dictionary,  "A  Statute written enactment
"Interpretation is the
method by which the true
is a formal written of Legislative
sense or the meaning of the
enactment of Legislative authority that
word is understood." (The authority that governs a governs a country,
State of Jammu and country, state, city or state, city or
Kashmir V. Thakur Ganga county. In Simple
Singh, 1960 2SCR 346) words, it is the Law, county.it is the
Enactment, Act. Law, Enactment,
The term codified law Act.
is sometimes used as
a synonym for
statutory law in
general.
 WHAT IS IN THE
STATUTES?
These are the mechanisms by which states define rules
necessary to maintain social order and security and to
promote economic and social interest. these statutes also
give jurisdiction to those bodies responsible for enforcing
the laws in practice
They are also recorded or codified in writing and
published statutory laws usually becomes effective on a set
date written into a bill. statutes can be overturned by a
little legislative enactment or if found unconstitutional by a
court or competent jurisdiction
Statutory law or statute law is written law passed by a
body of legislature. This is as opposed to oral or customary
law; or regulatory law promulgated by the executive
or common law of the judiciary. Statutes may originate
with national, state legislatures or local municipalities.
  STATUTE LAW AND
COMMON LAW
THE FUNDAMENTAL DIFFERENCE BETWEEN THE TWO SYSTEMS
LIES IN THE FACT THAT :

2.
1)
Common law:
Statutory law: - Common law is made by judges in a court,
- Law made by a legislative body (parliament, using precedent – decisions made in previous
congress etc.) similar cases – to decide how they will judge a
- Regulations are passed by agencies empowered case before them. 
- If no statute law applies to cover a particular
with enforcing the statutory law
situation, common law will apply; however,
statute law always overrides common law.
  CLASSIFICATION OF
STATUTE/TYPES OF STATUTES
ARE AS FOLLOWS - 
CLASSIFICATION BY CLASSIFICATIO CLASSIFICATION BY
OBJECT
Declaratory statutes N BY METHOD METHOD
Codifying statutes
Consolidating statutes
• Mandatory statutes • Temporary statutes
Remedial statutes • Directory statutes • Permanent / perpetual
Enabling statutes statutes
Amending statutes
Repealing statutes
Penal statutes
 Roman-influenced

Distrust of judicial power

WHAT IS CIVIL LAW?
“the system of law concerned with private relations between members of a community rather than criminal, military, or
religious affairs.”

Formed across continent refers to matters of private law as opposed to public law, and particularly
criminal law,

What the civil law is:

• A comprehensive system of rules and principles usually arranged
in codes and easily accessible to citizens and jurists.
• A well organized system that favors cooperation, order, and
predictability, based on a logical and dynamic taxonomy In CIVIL LAW, instead of focusing
developed from Roman law and reflected in the structure of the on the relationship between state
codes. and individual, it's concerned with
• An adaptable system, with civil codes avoiding excessive detail private relations between members
and containing general clauses that permit adaptation to change. of a community.
• A primarily legislative system, yet leaving room for the judiciary
to adjust rules to social change and new needs, by way of
interpretation and creative jurisprudence.
 WHAT INCLUDES IN
CIVIL LAW?
⇩
The law of persons Family law Marital property law

↓
governs the status ↓ ↓
norms establishing
and regulating so-
of individuals and
legal entities, called ‘legal
regulates formation of regime‘ i.e. the
includes legal rules marriages, legal
relating to names, effects of marriage,
system that
domicile, civil termination of governs the
status, capacity and marriage by divorce, property relations
protection of separation, and of all spouses who
persons under legal
annulment; family do not choose an
support obligation alternative regime
incapacities of
FAMOUS CIVIL
CODES
French Civil Code (“Code Civil” or “Code Napoleon”). 1804.

Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch –ABGB).

1811
Codigo Civil (Spain) – originally approved July 24 1889

German Civil Code (Bürgerlichen Gesetzbuches - BGB). 1900

Italian Civil Code (Codice Civile). 1942.

Swiss Civil Code (Zivilgesetzbuch – ZGB). 1907/1912

 COURT STRUCTURE
several separate court system coexist. Courts
immune from jurisdiction of other courts.

ADMINISTRATI MAIN OBJECTIVE

ORDINARY
COURTS
- adjudicates the majority of civil
and criminal cases. apply law
found in the civil, commercial
and penal codes.
VE COURTS
specialised courts or sections to deal
with administrative cases.
independent jurisdiction from
‘ordinary courts’: rules specially
designed for administrative cases
OF CIVIL LAW?
The purpose of civil law is
to settle legal disputes
between parties of people,
or between parties of
people and corporations
 COMPARISONS : Civil-Law and Common- Law Systems

Corpus Juris Civilis influence -

- Civil-Law → significant Creation of law: role of judicial decisions
- Common-Law → modest
- Civil-Law → negligible
- Common-Law → supreme prominence

Equity law - Civil-Law → originated in Rome to be applied to

non-Roman peoples Codification Process -
- Common-Law → originated in England to soften the rigor Civil-Law → comprehensive codes from single drafting an
of Common- Law event
Common-Law → codes reflecting rules of enunciated
decisions.

The main difference between the two systems is that in common law
countries, case law — in the form of published judicial opinions — is of
primary importance, whereas in civil law systems, codified statutes
predominate.
 COMPARISONS OF
LEGAL SYSTEMS
Manner of legal reasoning -

Civil-Law → Deductive
Common-Law → Inductive Trial Process -
If no statute law applies - common law CIVIL-LAW → EXTENDED PROCESS
will apply but statute law always COMMON LAW → SINGLE EVENT TRIAL
overrides common law

Structure of courts
CIVIL LAW → INTERGRATED COURTT
SYSTEMS
COMMON LAW → SPECIALITY COURT
SYSTEMS
to distinguish in the term common law” three main connotations and several historical
meanings worth mentioning:
a) common law as opposed to statutory law and regulatory law,
b) common law legal system as opposed to civil law legal system, and
c) common law as opposed to rule of equity.
 COMPARISONS OF
LEGAL SYSTEMS :
Judges -
(Roles in the trials)

CIVIL LAW → ELEVATED ROLE

COMMON LAWS → ACT AS REFEREES
Selection and Trainings

CIVIL LAW → CIVIL SERVICE

COMMON LAW → SELECTED FROM
Judicial Attitudes POLITICAL PROCESS
CIVIL LAW → MERE APPLIERS OF LAW
COMMON LAW → A VERDICT IS
CREATIVELY SEARCHED
 LAW IN TRADITIONS
The most common legal traditions are the common law
legal tradition, the civil law legal tradition, the Islamic legal
tradition, and the indigenous legal tradition.

the socialist legal tradition, which is based on the civil law

legal tradition but is politicized law that recognizes the
dominance of the Communist Party.

Its influence can be seen for example in aspects of

law in China, Cuba, Vietnam, and North Korea.
 ISLMAIC LEGAL SYSTEM
COMPARISONS
IN ISLAMIC
COUNTRIES → IN ISLAMIC
COUNTRIES →
LAW IS CONSIDERED
ABSOLUTE AND LAW IS CREATED BY
CONSTANT GOD

COMMON LAW, CIVIL COMMON LAW, CIVIL

LAW → LAW →
IT IS MUCH MORE PEOPLE MADE
CHANGEABLE AND LEGISLATIONS
NEGOTIABLE
 ISLMAIC LEGAL SYSTEM
COMPARISONS
Comparison between Common law and Civil law
is linked to their different history of evolution.

Islamic law → identifies deception and

dishonesty as a “serious moral wrong”
Islamic law → could be differently
imposed to different people
Whereas civil/common law → it is
depending on their religious
mended by paying compensation.
beliefs

common or civil law systems →

In Civil law → written form of agreement is
are equal for every people
a chief immune of the assurance
regardless of their religious
Common-law or Islamic law → verbal preference.
communication will also be counted as a main
form of evidence.
 WEBSITES MENTIONED :
https://ppp.worldbank.org/public-private-partnership/legislation-regulation/framework-
assessment/legal-systems/common-vs-civil-law

https://onlinelaw.wustl.edu/blog/common-law-vs-civil-law/

https://en.wikipedia.org/wiki/Civil_law_(legal_system)

https://www.law.lsu.edu/clo/civil-law-online/what-is-the-civil-law/