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Civil
law or continental law is the predominant system of law in the
world, with its origins in Roman law, and sets out a comprehensive
system of rules, usually codified, that are applied and interpreted
by judges. However, modern systems are descendants of the 19th
century codification movement, during which the most important
codes (most prominently the Napoleonic Code and the BGB) came
into existence.
As discussed in detail below, the civil law systems of Scotland
and South Africa are uncodified, and the civil law systems of
Scandinavian countries remain largely uncodified.
Civil law is primarily contrasted against common law, which is
the legal system developed among Anglo-Saxon people, especially
in England.
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 of
Justinian's Corpus Juris Civilis (Corpus Iuris Civilis).
In later times, civil law became codified as
droit coutumier or customary law that were local compilations
of legal principles recognized as normative. Sparked by the age
of enlightenment, attempts to codify private law began during
the second half of the 18th century (see civil code), but civil
codes with a lasting influence were promulgated only after the
French Revolution, in jurisdictions such as France (with its Napoleonic
Code), Austria (see ABGB), Quebec (see Civil Code of Quebec),
Spain (Código Civil), the Netherlands and Germany (see
Bürgerliches Gesetzbuch).
However, codification is by no means a defining characteristic
of a civil law system, as e.g. the civil law systems of Scandinavian
countries remain largely uncodified, whereas common law jurisdictions
have frequently codified parts of their laws, e.g. in the U.S.
Uniform Commercial Code. There are also mixed systems, such as
the laws of Scotland, Louisiana, Quebec, the Philippines, Namibia
and South Africa.
Civil and common law system also differ considerably in criminal
procedure. In general, the judge in a civil law system plays a
more active role in determining the facts of the case. Most civil
law countries investigate major crimes using a so-called inquisitorial
system. Also, civil law systems rely much more on written argument
than oral argument.
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