LECTURE 3 Theme: Basics of civil law. Civil law relationships.

PLAN  1. Law and Society.  2. Civil law.  3. Civil Procedure.

Civil law  Civil law, as a type of legal system, is the form of law used by most countries around the world today.

Civil Procedure  Civil procedure includes the legal rules governing the procedure of the court consideration and solving the disputes and the enforcement of writs.  Civil procedure includes the legal rules governing the procedure of the court consideration and solving the disputes and the enforcement of writs.

Civil law --- Common law  Civil law is primarily contrasted against common law, which is the legal system developed among people, especially in England.

Civil law --- Common law  The original difference is that, historically, common law was law developed by custom, beginning before there were any written laws and continuing to be applied by courts after there were written laws, too, whereas civil law developed out of the Roman law.

In later times, civil law became codified as customary law that were local compilations of legal principles recognized as normative. Attempts to codify customary law began during the second half of the 18th century but civil codes with a lasting influence were promulgated only after the French Revolution. In later times, civil law became codified as customary law that were local compilations of legal principles recognized as normative. Attempts to codify customary law began during the second half of the 18th century but civil codes with a lasting influence were promulgated only after the French Revolution.

Civil law --- Common law  The difference between civil law and common law lies not just in the mere fact of codification, but in the methodological approach to codes and statutes.

 In civil law countries, legislation is seen as the primary source of law.  By contrast, in the common law system, case law is a major source of law, while statutes are often seen as supplemental to judicial opinions and thus interpreted narrowly.

Separation of powers in civil law and common law countries:  In some common law countries, especially the United States, judges are seen as balancing the power of the other branches of government.  By contrast, the original idea of separation of powers in France was to assign different roles to legislation and to judges, with the latter only applying the law.

 There are other notable differences between the legal methodologies of various civil law countries. For example, it is often said that common law opinions are much longer and contain elaborate reasoning, whereas legal opinions in civil law countries are usually very short and formal in nature.

The legal theory usually subdivides civil law into four distinct groups:  French civil law: in France, Belgium, Luxembourg, the Canadian Province of Quebec, the U.S. state of Louisiana, Italy, Spain and former colonies of those countries;

 German civil law: in Germany, Austria, Switzerland, Greece, Brazil, Portugal, Turkey, Japan, and the Republic of China (Taiwan);

 Scandinavian civil law: in Denmark, Finland, Iceland, Norway and Sweden.  Chinese law is a mixture of civil law and socialist law.

Civil Code  The main act in field of legislation is the newly adopted Civil Code.

The subjects of the new Civil Code are as follows:  Obligations  contract law  inheritance law  legal entities concept  legal entities concept

 The Civil Procedural Code of Ukraine is the main act in the field of legislation.  It contains six books and practically establishes a new norms for Ukrainian system.

 Civil law comprises provisions governing the ownership and non-property, and intellectual property rights, contracts, torts, etc.

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