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Civil Law Assignment Help
Civil law is the legal system which is originated in Europe, which has been endowed within the framework of the late Roman law. Most important feature of the civil law is that it is codified law and it serve as the primary source of law. It helps the judges for application of the law and they have to follow the laws. The major inspiration is the classical Roman law and also particularly in the Justinian law. Civil law is contrasted with the common law and it is the legal system which is firstly developed in England and after that in the English-Speaking Peoples of the world. The Civil law system is also known as the continental or Romano-Germanic legal system which is found in all the continents and it also covers the world about 60%. It has been based upon the concepts, categories and rules which are derived from the Roman law and sometimes it is also influenced by the canon law. The tradition of the civil law is more focusing upon the freedom of the people and also promoted the cooperation between the human beings. In a technical sense the civil law word explained the law which pertains the things, persons and relationships which is developed between them. It excluded the criminal law, labor law and commercial law, etc. in each civil law country there must be codified.
Civil law is:
- Comprehensive system: it is the system of rules and principles which is arranged in this way which is easily understandable by the citizens and people of the country.
- Well organized system: it is developed from the Roman law which is based upon the logical and dynamic taxonomy and this system is in the favor of the corporation, order and predictability.
- Adaptable system: with the help of the civil code help in avoiding the codes and other clause which makes easy for the adaptation.
The main features of the civil law are:
- It provides the rights and duties of the individual which help in providing the remedies.
- It is very simple and approachable for the citizen.
- It is very advanced in disclosing the rules.
- Academic doctrine
- It is the written constitution, which is based upon the specific code like civil code, etc, which covers the rights and duties of the individual.
- The Court also specified the codes.
- There is less freedom in the contract.
The civil law in the countries which are specified below:
- In North America: civil codes are found in the Louisiana and Quebec.
- In Central and South America: In this country almost all countries have the civil code.
- In Continental Europe: In this most of the jurisdictions have the civil code.
- In Africa: The Africa country which was colonized by the continental European nations in which they kept many aspects of the Civil law Traditions.
- In Pacific Islands: civil law tradition is also found in this country.
- Mixed jurisdictions: In Africa, America, Asia and Europe have also the civil law.
There are various provisions which have effected upon the contract has been stated by the civil law system. The inadequacies and ambiguities of the contract has been solved by the operation of law.
Difference between the common law and civil law
- Common law is not always in the written form where civil law is always in the written form.
- The judicial decision under the common law is binding where under the civil law, judicial law is not binding upon the third party.
- The writing legal scholars are not much influenced by the common law, but in civil law they are influenced.
- It is extensive in nature in the freedom of contract and civil law is more limited.
In many civilian countries the PPP arrangement has been governed by the separate administrative law. It is very important to check that whether these rules are applied upon the particular civil system or not.
Other civil law which has the impact upon the PPP arrangements
- Contractual parties: if the operator is under the liability to pay the penalty under any contractual commitment then he has to pay the amount which is fixed, but under the French law the liability can be reduced or increased, but it is not below the actual damages which is suffered by the party.
- Gross- up clause: if any debtor has the French entity, then he is not binding with the French Tax administration, which has been mentioned under the French tax Code in article 1678 quarter.
- Bankruptcy: in some common law jurisdiction, like England and US if the business has been in the trouble financially then it will reorganized rather than the business go on liquidity.
- Financial assistance: It provides the financial assistance or prohibited the target company and it subsidiaries from giving the guarantees.
- Security interest: civil law does not provide the security and they are generally required to be re-registered it on the new lender which involved the fees and other cost like registration fees etc.
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