The legal system gathers the structures and operating processes of the authorities connected to the application of the legal provisions as well as the services which result from this. The legal system thus includes/understands the jurisdictional apparatus, but also the not-jurisdictional apparatus.

The four principal legal systems in the world are:

• the system of the civil law,
• the system of Common law ,
• the common law
• the religious Right.

However, the legal system of each country presents variations or just certain devices of another systems. There thus exists of many countries having a mixed legal Système.

Family of the romano-Germanic right

See also: romano-Germanic Right

Roman law

The Roman law is a legal system which is not applied any more today. Nevertheless, it will inspire the canonical Droit and the civil law: it is their common ancestor.

Canonical right

See also: canonical Right

The canonical right or canon law is the right of the Roman Catholic church. It draws its name from the Greek gun who means rule. It is known since the rebirth under the name of corpus iuris canonicis , denomination which is opposed to corpus iuris civilis which is the coding of the Roman law which was finished by Justinien. The canon law is a legal unit has whole share with its civil law, its criminal law and its administrative law. The people subjected to the canon law were and are always its henchmen i.e. the clerks and monk and all the people concerned with the religious establishments, the students of a catholic university. In the beginning the penal canon law was increasingly more moderate than the laic canon law. The Church as a mother of the catholics could condemn only to the Pain of bitterness and the Eau of anguish. The expression do not judge a book by its cover car its origin in this rule of law: to be judged by a religious court, the delinquents put on a habit. Later the Church wanting to strike severely condemned for Relaps and crime of injures divine majesty and delivered to the secular arm. Jeanne d' Arc is condemned like witch by the Church and is delivered to the secular arm (here English) which carries out the sanction. The canon law had a considerable influence in the development of the current penal procedure. Before the Enquiry, the penal procedure is accusatory. There is no public ministry which only will continue in manner inquisitoire the infringements. It is today still applied to the the Vatican, but had until the 18th century an authority on all the European national rights.

Civil law

See also: Civil law (legal system)

The civil law is a legal system which draws its origins in the Roman law and includes/understands a complete system of rules, usually codified, which is applied and interpreted by judges. These systems go down mainly from the movement of coding of the 19th century, during which the most important codes are elaborate (in particular the Code Napoleon and the Bürgerliches Gesetzbuch (BGB)). In this system, the legal precedents seldom have the force of law, although the decisions of the judges of the higher authorities influence in the facts those of the lower judges. In theory, in fact thus the legislative acts define the court orders. The civil law is traditionally subdivided in three distinct groups: The civil law " français" , which has runs to France, with the Benelux countries, to Italy, to Spain and in the old colonies of these countries; The civil law " germanique": in Germany, in Austria, in Croatia, in Switzerland, in Greece, in Portugal, in Turkey, and in certain countries of the Far East; Scandinavian civil law, of application to Denmark, in Norway, in Sweden, in Finland and Iceland.

Common law

See also: Common law

Many countries adopted the system jurdic of Common law , which was spread mainly with colonization with XIXe and 20th century. It is a right of jurisprudential gasoline , proposing the decisions of the courses and the courts. It is today applied in some of the old colonies of the British Empire, which conveyed this legal system. Nevertheless, one witnesses today a coding of the Common Law , which makes gradually amalgamate this system with that of the civil law.

Common law

See also: Common law

It is the system adopted in particular in the following countries:

Right monk

See also: religious Right

For the canonical right, to see #Droit canonical

Right Moslem

See also: Moslem Right, Kanun (right)

• : Iranian Legal system
• Syria
• Libya
• Morocco

Right talmudic

See also: Right talmudic

• (partly)

Mixed legal system

A mixed legal system includes/understands several legal systems applied simultaneously.

Civil law and Common law

These countries have a legal system mixed, common lawyer and resulting from the Common Law .

Civil law and common law

These countries have a legal system with common lawyer majority, with a strong minority of common law. Only Mongolia is entitled usual to majority, with a minority of right common lawyer.

See too

References

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