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Mark Longworth 03 March 2025

The key differences between civil law and common law systems

What are the key differences between civil law and common law systems?

1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 March 2025

The key differences between civil law and common law systems lie in their historical roots, sources of law, and approaches to judicial decision-making. Historical Roots - *Civil Law*: Originated in the Roman Empire, with the Justinian Code (6th century AD) being a significant influence.

It was later comprehensively codified in the 19th century, notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900).¹ -

*Common Law*: Emerged in medieval England, with a focus on judicial precedent and customary law. Sources of Law -

*Civil Law*: Relies heavily on written codes and statutes, with judges applying the law as written. - *Common Law: Places significant weight on judicial precedent, with judges often creating law through their decisions. Judicial Decision-Making -

Civil Law*: Judges tend to follow the code and apply the law as written, with less emphasis on precedent. -

*Common Law*: Judges often rely on prior decisions and precedent to guide their rulings. Other Key Differences -

*Codification*: Civil law systems typically have comprehensive codes that outline the law, whereas common law systems rely on a mix of statutes and judicial decisions. -

*Role of Judges*: Civil law judges tend to be more formal and less inclined to interpret the law, whereas common law judges have more flexibility to interpret and create law through their decisions.

These differences reflect fundamentally distinct approaches to the law, with civil law systems emphasizing written codes and common law systems relying on judicial precedent.

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