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Difference- Common law/Civil law - Essay Example

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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…
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Difference- Common law/Civil law
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Download file to see previous pages 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 ...Download file to see next pagesRead More
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