Civil law between law and precedent

Abstract

The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law. The basic principle that applies is that earlier court decisions, usually of higher courts, made in a similar case, should be followed in later cases, ie that precedents should be respected. The paper points out that in civil law the main principles and rules are contained in the text of the law, while case law is only a secondary source of law. On the other hand, common law is predominantly based on court decisions already made. Civil law is based on the application of the law, and common law on the creation of rights. Courts in the civil law system resolve specific cases by applying and interpreting legal norms, while in common law courts, while resolving disputes, and also provide guidance on how similar disputes should be resolved in the future, so that court decisions create legislation.

Keywords

• common law
• civil law
• precedent