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Common Law vs. Civil Law in a Globalized Economy International Business Law.

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Presentation on theme: "Common Law vs. Civil Law in a Globalized Economy International Business Law."— Presentation transcript:

1 Common Law vs. Civil Law in a Globalized Economy International Business Law

2 Summary - Reminder : Definitions of Common and Civil legal systems - Main legal systems all over the world - Common Law :... to be developed by Carmen... - Civil Law : A right to respect for the workforce - A great dilemna in Global Economy - Emergence of a Pluralistic Law, combination of Common and Civil systems - Debate/Conclusion

3 Common Law Common Law to be developed by Carmen...

4 Civil Law Role of the judges is to read, interpret and apply written Law.

5 Legal systems over the world --- Comments ---

6 Common Law : to be developed by Carmen... Common Law to be developed by Carmen...

7 Civil Law In today's society, business success factors are : - Sales, Profit, ROI - Satisfaction of both shareholders and customers then... - Satisfaction of employees and employment conditions > Duty of sustainable Social Responsibility needs to be developed... A right to respect for the workforce

8 Civil Law Business culture – Legal aspects in the recruitment process : - Equal opportunityand Discrimination Laws - Recognition of qualiification - References and background checks - Employment offers and contracts - Personal data protection A right to respect for the workforce

9 A great dilemna in Global Economy Time is changing in our globalized world... > Need to cope with local cultural diversity in terms of : - Discrimination, - Security, - Health, -... not too strict (Directive Code and Constitution) Civil Law proning Universalism but, not too flexible (Judge-made situation laws) Common Law proning Particularism

10 A great dilemna in Global Economy The Burden of Proof Apply rules & procedures universally to ensure equity & consistency but… We do not want to degenerate into rigidity & burocracy so we must… Encourage flexibility by adapting to different situations but… We do not want to drown in chaos or loose our sense of central direction so we must… Universalism Particularism

11 Pluralistic Law : a combination of Some interesting stakes : - Find an advising & compromising legal system where every situation shall be scoped. - Be able to anticipate, interpret and update the legal architecture. > Pluralistic Law : Code + Jurisprudence making up laws when Code doesn´t specify (giving for instance a 5 years period between 2 Code updates)‏ both Common & Civil legal systems

12 Debate/Conclusion Debate/Conclusion to be developed by Carmen and Jerome...


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