For those of you who have been confused by the designation of legal systems 
as common law versus civil law jurisdictions, here is an explanation taken from 
one of the many law lists I review internationally.  Hope you find this helpful.  SRJ
________________________________________________

To: Multiple recipients of list:

        This information is from Chaper 3 (Introduction to Civil Law
Systems)of Introduction to Foreign Legal Systems (edited by Danner and
Bernal, published by Oceana Publications, Inc., copyright 1994 by The
American Association of Law Libraries, ISBN: 0-379-21350-8).  According to
George A. Zaphiriou, the author of Chapter 3, :

        Civil law systems are legal systems of countries or other
territorial units with a private law predominantly based or influenced by
Roman Law (the ius civile).  These countries and units often have a
commercial law based on the French Napolenic Commercial Code.  Greece, many
Latin American countries, and former French possessions fall into this category.

        Belgium, Italy, the Netherlands, Portugal, Spain, countries of
Central and South America, and former possessions of Belgium, France, the
Netherlands, Portugal, and Spain in Africa and Asia, as well as Puerto Rico,
Louisiana, and Quebec are part of the Romanist-Latin legal group which share
a private law that follows the Napolenic Civil Code of 1804, which had a
strong Roman Law influence.  Spanish law was also influenced by the French
Civil Code as well as by local customary law and other law with Roman
sources.  During Napoleon's occupation of Italy, the Code Civil came into force.

        The German legal group consists of countries influenced by the
German Civil Code of 1896 and by the German Pandektenwissenschaft which was
the study of Justinian's law of the Pandect.  This group includes countries
in Central and Eastern Europe, Greece, and Turkey (the Turkish Civil Code is
virtually a translation of the Swiss Civil Code). The Austrian General Civil
Code of 1811 and the Swiss Civil Code of 1907 bear the stamp of the
pandectists.  The Nordic countries (Denmark, Finland, Iceland, Norway and
Sweden) belong to the Germanic group.

        The former Soviet Union before the Russian revolution had a civil
law system as did the countries of Eastern Europe before the communist
takeover.

        Japan has a mixture of German civil and commercial law, Japanese
customary law, and American corporation and antitrust law.  Before the
communist revolution, Chinese private law was based on the civil law.

        The common law, which is based on English medieval law, prevails in
England, Wales, Northern Ireland, Ireland, and in present and former members
of the British Commonwealth, and in the United States with the exception of
Louisiana.

        Scotland has a private law based on Roman law, but Scotish contract
law has moved close to English law.

        The private law of South Africa consists of a mixture of Roman law
with early Dutch law, but also has common law additions such as the law of
trusts.

        The private law of Israel combines common law, Ottoman law, French
law, Jewish religious law, and modern Israeli legislation.

        Zaphiriou observes that the four important characteristics of civil
law systems are:

        1.      A more dogmatic and moralistic approach to legal principles.

        2.      Extensive and integrated codifications.

        3.      No stare decis.

        4.      Different trial procedure and lack of a jury trial in civil
trials.


Meyer

Go to the Self Help Legal Clinic
Liberty's Educational Advocacy Forum
Indiana's Fully Informed Jury Association, Inc.

	Freedomlaw.com Direct