Talk:Civil law
From Academic Kids
I removed the following:
(3) In latin systems the civil law is a part of the entire system, which is simply shared into civil law and penal law (some authors prefer to add constitutional law, which is also a source for the other two branches).
While the penal law refers to criminal acts (the etymology itself puts into evidence that the matter is focused on the punishment), civil law deals with the remaining possible conduct of the citizens (the not-criminal behaviour of legal relevance) and regulates it in all of its possible forms.
See also criminal law.
This is just sense (2) applied to the legal systems mentioned in sense (1). (Also, whoever is referring to "latin systems", this is not usual English terminology--the proper English terminology is "civil law tradition" or the "civil law system" or even just "civil law", although the last one can cause confusion.) -- SJK
The problem is that some civil law systems are not based on Napoleonic Law at all -- Roadrunner
I don't think this is accurate at all....
- By the end of the 20th century, the difference between the two systems had become primarily procedural, with courts in common-law countries using an adversarial system -- in which the judge (and jury) consider only whatever evidence the parties to the litigation put before them and decide what facts to believe and then what verdict is just -- and with judges in civil-law countries acting more as investigators -- so they first ascertain what the facts are and then apply the written code of law to them to render a decision.
It is not accurate, I agree. I hope to flesh out the differences between the common law and the civil law I have started Law of Obligations which I will try to start fleshing out in the next few weeks. Alex 01:56 Apr 24, 2003 (UTC) Also, civil law in the common law tradition is NOT just contractual law and a tort is not the violation of a contract! Alex
I don't think the substitution of "public law" for "criminal law" is correct. According to the public law entry, public law is essentially the same as common law. So this change basically makes #2 semantically equivalent to #1. Criminal law is an entirely different animal. -- Ortonmc 16:16, 16 Sep 2003 (UTC)
The role of case law in France is specially mentioned in the article. Are there actually any countries with a civil law system where case law doesn't play any role at all? As far as I can see that would lead to unreasonable and undesirable inconsistency in the application of law. 62.78.198.49 20:16, 25 Nov 2003 (UTC)
The Civil Law System apears to have been deleted from this article which will lead to manny a frustration.
Paladine
PS whats utc
This isn't true
- An old version of trial laws, in which a man is guilty until proven innocent. This is opposite of Common Law.
Roadrunner 19:04, 19 May 2005 (UTC)
