Difference- Common law/Civil law - Essay Example

Differences between Common Law and Civil Law Families Civil law and Common law are contrasted against each other and there primary differences lie within their application. Common law has been usually developed by custom, which normally began before any laws that were penned down. The Common law continued to be applied within the domains of the court after the written laws were brought in place. Civil law came out of the Roman law of Corpus Juris Civilis or the Body of Civil law. The codification between the Common law and the Civil law is one of the major differences between the two and the methodological approaches with which each one is followed in line with the different codes and statutes is another one of the differences between the Common law and the Civil law.

Within Civil law, legislation remains as a very pertinent source of law itself. However in the Common law, the cases are the primary source of law while the statutes are witnessed within the incursions within the Common law itself and is interpreted in a very narrowed down term altogether. (Moustaira, 2004) The principle of separation of powers is also viewed differently within the Common law and the Civil law countries. Similarly a Common law marriage holds legal bindings within certain jurisdictions but has absolutely no implications in other scenarios.

The basic differences however remain in the manner the two laws are interpreted within the tenets of the legislation regimes. Common law would rather be undocumented but Civil law needs manifestation at all possible ranks and thus it should be given preference under some undertakings and mechanisms. It is also a well-known fact that the Civil law remains to this day the single most predominant system of law within the world and hence its importance is accorded more priority within the legislative ranks.

Works CitedMoustaira, Elina N. Comparative Law: University Courses (in Greek), Ant. N. Sakkoulas Publishers, Athens, 2004Word Count: 306