A Comparative study of Law: English Civil Law compared to Italian Civil Law - Essay Example

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The first of these legal systems is applied in Britain and all the countries with similar legal structure, like the U.S.A., Canada, Australia and so on. Civil Law characterizes mainly the…
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A Comparative study of Law: English Civil Law compared to Italian Civil Law
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Download file to see previous pages In this context, England and Italy can be considered as characteristic examples of the differentiation of laws as the first country belongs in the Common law countries while the second one – as all countries of continental Europe – uses Civil law as its legal basis. Traditionally, Italy has been considered as belonging in a particular legal system, the ‘romantic one’, influenced by the Roman law which governed the country at its early stages of existence. However, throughout the years Italy formulated a legal system characterized by the principles of Civil law and mainly by the existence of Codes for the resolution of all legal disputes. On the other hand, England has been the country that first developed the Common law. In fact common law has its roots in the legal proceedings taking place in England through ancient years when the country suffered from continuous and intensive invasions of foreign populations. Throughout the years, Common law – as appeared and developed in England – expanded in all countries related with that country with most characteristic examples the U.S.A. and the Australia.
In order to understand the structure of English common law we should primarily refer to Common law in general. A definition of Common law as stated by Ritter (1910, 86) is the following one: “The common law is that which derives its force and authority from the universal consent and settled customs of the people; it has never received the sanction of the Legislature by express act, which is the criterion by which it is distinguished from the statute law; it has never been reduced to writing”. In other words, the main characteristic of common law is the absence of specific written (codified) text. Normally, such a structure would help the countries that have adopted this system to save time and costs regarding the whole net of their legal procedures. However, it has been proved in practice that this target has never been ...Download file to see next pagesRead More
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